••"«"
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THE
DIPLOMATIC CORRESPONDENCE
OF THE
UNITED STATES OF AMERICA,
FROM THE
TREATY OF PEACE
TO THB ADOPTION OS THK
PRESENT CONSTITUTION.
VOL. V.
MA 'i o 8 M T /, r ^ <|5f
:i'J A,.'!4! >fn YTAMHT
. W ( > IT > . I T \ ' V ei ^ O I), T XI -'i 8 • •( H
'.'/ -JO'I
THE
DIPLOMATIC CORRESPONDENCE
OF THE
UNITED STATES OF AMERICA,
FROM THE SIGSISG OF THE
DEFINITIVE TREATY OF PEACE,
lOrn SEPTEMBER, 1783,
TO THE
ADOPTION OF THE CONSTITUTION, MARCH 4, 1789.
B E I H e
THE LETTERS OF THE PRESIDENTS OF CONGRESS, THE SECRETARY
FOR FOREIGN AFFAIRS— AMERICAN MINISTERS AT FOREIGN
COURTS, FOREIGN MINISTERS NEAR CONGRESS— REPORTS
OF COMMITTEES OF CONGRESS, AND REPORTS OF
THE SECRETARY FOR FOREIGN AFFAIRS ON
VARIOUS LETTERS AND COMMUNICATIONS;
TOGETHER WITH
LETTERS FROM INDIVIDUALS ON PUBLIC AFFAIRS.
Published under the direction of the Secretary of State, from the
original Manuscripts in the Department of State, conformably
to an Act of Congress, approved May 5, 1832.
VOL. V.
CITY OF WASHINGTON:
PRINTED BT FRANCIS PRESTON BLAIR.
1833.
7 .J O 7
EOTdfcijH8>--W -ro r
r^An-iJ va
STACK
ANNO,
TX
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Extract from an Act of Congress, approved May 5th, 1832, entitled
"An Act making appropriation for the support of Government
"for the year one thousand eight hundred and thirty-two."
" To enable the Secretary of State to cause to be printed, under
« his direction, a selection from the Diplomatic Correspondence of
4 the United States, between the peace of one thousand seven hun-
" dred and eighty-three, and the fourth of March one thousand
" seven hundred and eighty nine, remaining1 unpublished in the De-
41 partment of State, twelve thousand dollars."
CONTENTS
OF THE
FIFTH VOLUME
DIPLOMATIC CORRESPONDENCE.
Page.
From John Adams to John Jay. London, June
27th, 1786. 3
Information given by the Envoy of Portugal, that the
Queen had instructed her naval commanders to pro-
tect vessels of the United States from the barba-
rians. If the United States wish to begin a navy,
the Algerine war a good opportunity, but will cost
money.
From the same to the same. Grosvenor Square,
February 27th, 1786. .... 4
Observations and apology of the Marquis of Carmar-
then for not having yet answered the memorial.
Newfoundland bill, and American intercourse bill.
The principles which govern, the same for the last
twenty years. Mr. Pitt either a convert or only an
ostensible Minister. America must determine upon
her own measures.
John Adams to Lord Carmarthen. Grosvenor
Square, February 6th, 1786. 5
Transmits to his Lordship a copy of Mr. Temple's
letter of the 21st December, 1785, to Mr. Jay.
Gives the information respecting said letter, which
Congress had directed, Proposes that a Minister
Plenipotentiary should be sent to America. The
propriety and expediency. Congress expect such
a Minister.
John Adams to John Jay. Grosvenor Square,
March 4, 1786. 7
Encloses copies of the Secretary of State's answer to
the memorial touching the surrender of the posts,
and a statement of grievances of British merchants.
Copies of said papers. Report of Secretary Jay
on the letter of 4th March, and enclosures, (23.)
V1H CONTENTS.
Page.
Secretary Jay's report. Draft of a circular letter to
the Governors of States. - 105
Draft of instructions to Mr. Adams on the subject
of his letter of the 4th of March, 1786 - - 114
John Jay to John Adams. New York, June 6th,
1786. 116
Acknowledges receipt of letters to the 4th March.
Nine States being represented, a prospect of des-
patches of more importance. Encloses a ratifica-
tion of the Prussian treaty. Rhode Island, New
York and New Jersey experimenting- in paper
money. Doubts the propriety of borrowing more
money. The treasury low, and the States back-
ward.
John Adams to John Jay. Grosvenor Square,
May 16th, 1786. 117
Happiness at finding" that twelve States have granted
the impost. Is persuaded that New York will riot
long withhold her assent. Good effects which this
measure will produce. The power to regulate
commerce will not, probably, be long withheld
from Congress. Is pleased to find a coincidence
of opinions, with regard to demanding a categori-
cal answer. It is now with Congress to deliberate
and determine what answer shall be made.
John Adams to John Jay. Grosvenor Square,
May 25th, 1786. - - - ' - 119
No memorial has been presented concerning the
negroes. Reasons for the delay. Lord Carmar-
then's justification of the detention of the posts in
the memorial of the 30th November. The same
answer or a reference to that answer would be
given to other memorials. Advises all laws in con-
travention of the treaty to be repealed, and the
debtors left to settle their disputes at law. Thinks
no jury would give interest, various suggestions
respecting the debts ; but believes it a sounder
policy and nobler spirit to repeal at once every law
inconsistent with the treaty. Credit and commerce
would be increased.
From the same to the same. Grosvenor Square,
May 28th, 1786. 123
South American affairs. An agent arrested at Rouen.
Another in London, applying to government for
aid. Persons might be found to undertake an office
similar to that of Mr. Beaumarchais. An opinion
prevailing that a revolution would be agreeable to
the United States. Reasons why France and Por-
tugal should assist Spain. England would reap
CONTENTS. IX
Page.
the greatest benefit. European policy. Alliances
probable to liberate South America. The conse-
quences. Refers to a pamphlet written in 1783,
" La crise de 1'Europe." Extracts from the work.
England preparing to strike a blow at the house
of Bourbon.
The same to the same. Grosvenor Square, June
6th, 1786. 130
When taxes are laid money may be borrowed. If
they are not laid, the pubh'c servants had better
return home. The system of England settled.
Choice of the United States.
John Jay to John Adams. New York, August
19th, 1786. 131
Acknowledges the receipt of letters to the 6th June.
Delays in Congress for want of adequate repre-
sentation. It is therefore letters are unanswered
and instructions not given on essential points.
Treaty expected from Portugal. Has advised new
commissions for Messrs. Adams and Jefferson.
Regrets his letters do not convey more important
matter. Would be at no loss to form a judgment,
but might not coincide with Congress.
John Adams to John Jay. Grosvenor Square,
June 16th, 1786. - - 132
M. Jay's letter of the 4th May received. Lord Car-
marthen has spoken of the civil reception which
Mr. Anstey writes he received. His Lordship says
that a Minister will certainly be sent to America.
The difficulty was to find a suitable person. Long
conversation with his Lordship. Posts, debts, &c.
Recommends that Congress should require the
States to repeal all laws irreconcileable to the
treaty, with a declaration that interest is no part of
the bona fide debts. The question to be then left
to the judges and juries. The opinion of Mr.
Adams is, that interest is no part of the bona fide
debt.
John Adams to John Jay. London, June 27th,
1786. 135
Mr. Jay's letter of the 1st May received, with the
orders of Congress. The vessel which was the
bearer of the reply to the memorial of the 30th
November, having sprung a leak and put into
Lisbon. Encloses duplicate copies.
From the same to the same. London, July 15th,
1786. 135
Conduct of Captain Stanhope at Boston reprehensi-
ble. His justification considered by the Lords of
VOL. v.—2
CONTENTS.
Page.
the Admiralty a further provocation. A rap over
the knuckles. Instructions to be given to Sir Guy
Carleton concerning the eastern boundary. A
Minister to the United States not yet appointed.
From the same to the same. London, July 30th,
1786. 137
Mr. Jay's letter of the 6th June received, with the
ratification of the treaty with Prussia. Mr. Penn,
a British senator, and friend to America, the bearer
of this communication. Laments the lust for paper
money in some parts of the United States. Its
evil consequences. Has learned with great satis-
faction that Mr. Jay has received his letter of the
4th March, containing the answer of the British
court to the memorial respecting the posts. Wishes
Mr. Jay's sentiments upon it, that being the most
important despatch yet transmitted. Desires in-
structions of Congress concerning the negroes.
From John Adams to John Jay. London, July 31,
1786. - - - * - - - - 138
Relative to Mr. Randall. Prisoners at Algiers.
John Jay to John Adams. New York, October
4th, 1786. 139
Letters received to the 30th July. Immediately laid
before Congress. Commotions in New England.
An account of one at Exeter, N. Hampshire, enclos-
ed. ^Creditable to the government. Rage for paper
money. Indecision in the construction of our
government.
From the same to the same. New York, Novem-
ber 1st, 1786. - - - - - - 140
Letter of Mr. Adams of the 15th July has come to
hand. A report on the frontier posts is under
consideration of Congress. Daily violation of the
treaty by the respective States. Unpleasant state
of affairs in America.
John Adams to John Jay. London, October 3rd,
1786. - 142
Treaty of commerce between France and England.
Stipulations. Negotiations between England and
Russia at a stand. Hopes and expectations for
Holland. Their progress in liberal institutions.
The best form of government, according to Mr.
Adams.
John Adams to John Jay. Grosvenor Square, Oc-
tober 27th, 1786. 145
Motives for a visit to the Hague. Exchange of ratifi-
cations of the Prussian treaty. Relations of France
and England. The effect they wish to produce
upon the United States. The plant of liberty yet
CONTENTS. XI
Page.
to be watered with blood. Advice to cherish the
militia.
John Jay to John Adams. New York, January
17th, 1787. ...... 149
Letters received to the 27th October. Congress
have not made a house since the 3d November last.
The same to the same. New York, February 6th,
1787. - 149
General St. Clair President of Congress. Encloses
letter to the Queen of Portugal. Report of Secre-
tary Jay. January 25th, 1787. (150.)
John Adams to John Jay. Grosvenor Square,
November 30th, 1786. - - - - 152
Replies to Mr. Jay's of the 4th October. Has receiv-
ed from Lord Carmarthen, officially, the treaty
between France and England. Symptoms of a
treaty with America. American and European
taxation compared. Reflections upon the situation
of America.
John Jay to John Adams. New York, February
21st, 1787. - , - - - - - 153
Nine States are represented. The insurrection in
Massachusetts suppressed. Transmits papers con-
cerning- the details. Insufficiency of the present
form of government. Proposed changes. Mode-
ration of New York toward the tories. Disinclina-
tion of the people to pay taxes.
From the same to the same. New York, April
2nd, 1787. - - - - - - 155
Encloses a copy of the resolutions of Congress of the
21st March, which he thinks might be well to com-
municate informally to Lord Carmarthen. Increas-
ing difficulties in the government of the confede-
racy.
From the same to the same. Office of Foreign
Affairs, May 3d, 1787. •. - I . - - 156
In relation to the appointment of Phineas Bond,
Esquire, commissary for commercial affairs in the
United States on behalf of his Britannic Majesty.
Obj ections on the part of Congress.
John Adams to John Jay. Grosvenor Square,
January 9th, 1787. f 157
Conference with the Tripolitan Ambassador. Re-
newed apologies of the Portuguese Minister. Sup-
poses divisions of sentiment in the cabinet of Por-
tugal. Interview with his Royal Highness the
Duke of Cumberland. Encloses a copy of a letter
from the Marquis of Carmarthen. Mjstake of his
Lordship. Enclosures. Lord Carmarthen to John
Xll CONTENTS.
Page.
Adams. Whitehall, November 1st, 1786, (160.)
Lord Carmarthen to John Adams. White Hall,
December llth, 1786. (160.) From Messrs.
Wilhem & Jan Willink, and Nicholas & Jacob Van
Staphorststo J. Adams, Jan. 5, 1787, (161.) From
M. Dumas to Messrs. W. & J. Willink and Messrs. N.
& J. Van Staphorsts. The Hague, January 2, 1787,
(162.) Certificate of surveyors of buildings, (164.)
John Adams to John Jay. Grosvenor Square,
January 24th, 1787. - - - - 164
Communicates his intention of returningto the United
States on the expiration of his commission. Soli-
cits a letter of recall from the low countries.
Arrival of Colonel Franks with the treaty with
Morocco. No prospect of farther success with the
Barbary powers. Recommends Colonel Smith as
a future Charge d' Affaires. Will embark for
America in the spring of 1788.
From the same to the same. London, January
27th, 1737. 168
Treaty with Morocco happily concluded. Expenses
of the treaty. Colonel Franks, who accompanied
Mr. Barclay, the bearer of the treaty. Mr. Lamb
advised to return to New York. No intelligence
concerning the treaty with Portugal. Scarcity of
money will suspend further proceedings with the
Barbary powers. Encloses letters from T. Barclay
to Messrs. Adams and Jefferson. Cadiz, October
2nd, 1786, (169.) From the same to the same.
Madrid, November 7th, 1786, (171.) From T.
Barclay to Messrs. Adams and Jefferson. Escurial,
November 15th, 1786, (173.) Letter from the
Emperor of Morocco to the President of Congress.
June 28th, 1786, (175.) From the Emperor of
Morocco to the King of Spain, (176.) From Sidi
Hadge Taher Ben Fennish to Messrs. Adams and
Jefferson. Morocco, July 16th, 1786, (177.) From
Thomas Barclay to Messrs. Adams and Jefferson.
Tangiers, September 10th, 1786. The commerce,
ports, naval force, revenue, language, government,
&c. of the Empire of Morocco, (178.) From
Thomas Barclay to Messrs. Adams and Jefferson.
Tangiers, September 13th, 1786. Further parti-
culars respecting Morocco, (201.) From Thomas
Barclay to Messrs. Ackms and Jefferson. Ceuta,
September 18th, 1786. Particulars of the nego-
tiation with the Emperor of Morocco, (208.)
Francis Chiappi appointed agent for the United
States of America at Morocco, (213. )
Report of Secretary Jay. May 1st, 1787. - 214
Advising the ratification of the Morocco treaty.
CONTENTS. Xlll
Page.
Report of Secretary Jay. July 23d, 1787. - 216
On the papers which accompanied the treaty with
Morocco.
From John Adams to John Jay. Grosvenor Square,
January 27th, 1787. 223
Note received from Lord Carmarthen relative to
Chinese seamen. Practice of metamorphosing1
British into American bottoms to trade to the East
Indies. Encloses a note from Lord Carmarthen.
Grosvenor Square, January 26th, 1787, (223.)
Transmits a memorial relative to East India seamen,
(224.)
Report of Secretary Jay on the preceding letter of
Mr. Adams. Office for Foreign Affairs, July
31st, 1787. 226
From John Adams to John Jay. London, Febru-
ary 3d, 1787. - - - - - - 227
No better prospect for America. Opening of the
Parliament. Revenue deficient. Mode of keeping
up the spirits of the people. Transmits a letter
from John Hales, relative to the East India ship
which was supposed to have been made an Ameri-
can bottom. Is desirous of returning home, will
embark in the spring of '88. From John Hales to
John Adams, February 2d, 1787, (229.)
From John Adams to John Jay. Grosvenor Square,
February 24th, 1787. 229
Transmits a letter to Congress from Mr. Harrison,
relative to disbursements for Captain Irwin. Re-
commends the claim to Congress. From R. Harri-
son to John Adams. London, February 21st,
1787, (230.)
From John Jay to John Adams. Office for Foreign
Affairs, May 12th, 1787. - - - - 231
Letters acknowledged to the 24th February. Motion
made in Congress to remove to Philadelphia, busi-
ness delayed by debate. Copy of Mr. Adams'
book received, disagrees in certain particulars.
From the same to the same. Office for Foreign
Affairs, May 14th, 1787. 232
Recommends the honorable D. Huger to the attention
of Mr. Adams.
From John Adams to John Jay. Grosvenor Square,
April 10th, 1787. 233
No change in American Affairs. Silence prevails.
Members of Parliament detest to hear the name of
America. Secret schemes, however, to plunder
us. Information by an engraver, of an attempt to
XIV CONTENTS.
Page.
counterfeit the paper bills of the Carolinas. Refu-
sal of base copper coin. Supposes it will be
shipped to America. Cautions against its recep-
tion. Colonel Smith about to depart for Portugal.
From John Adams to John Jay. London, Apiil
19th, 1787. - - '- - - -234
Encloses an act of Parliament for regulating the trade
between the United States and the dominions of
the King of Great Britain. Reported negotiation
between Lord Dorchester and Vermont. Encloses
another curious bill moved in the house of Lords.
Probable change of Ministry.
From the same to the same. London, April 30th,
1787. - 235
Application made to the British Ministry on the re-
ceipt of the letter of Dr. Wren, to prevent the
counterfeiting American paper currency. Opinion
and advice of the under Secretary, to consult the
magistracy. Types, stamps, &c. seized. Conduct
of the government perfectly polite and proper.
Encloses a letter from Dr. Thomas Wren to John
Adams. Portsmouth, April 22d, 1787. Relative
to counterfeiting the paper currency of the United
States, (237.) From Mr. Mowbray to John Adams,
(without date) on the same subject, (241.)
From John Adams to John Jay. Grosvenor Square,
May 1st, 1787. 242
Transmits a volume on improvements in naval archi-
tecture, with the original letters of the author.
From Patrick Miller to John Adams. Edinburgh,
April 14th, 1787, (243.)
From John Jay to John Adams. Office of Foreign
Affairs, July 4th, 1787. - - - - 243
Letters received to the 1st May. States not repre-
sented in Congress. Public attention turned to the
convention. Necessity of strength in the national
government. The western Indians inclined to be
hostile. Impotency of government. Delays inju-
rious.
From John Adams to John Jay. London, May 8th,
1787. 245
The result of the convention must be beneficial.
Importance of the Mississippi and the fisheries.
Hopes to receive orders to return home. Incivility
and imprudence of the British court in not sending
a Minister to America. Impropriety of renewing
his commission. State of England and the royal
family. Letter from the American captives" in
Algiers. February 13th, 1787, (247.)
CONTENTS. XV
Page.
John Adams to John Jay. London May 14th, 1787. 251
Resolutions of Congress of the 21st March, informally
communicated to Lord Carmarthen. His Lordship
highly pleased.
Fom the same to the same. May 23d, 1787. - 252
Transmits copies of protested bills of exchange, also
letters from the commissioners of loans at Amster-
dam. Intends going to Amsterdam. Reduced to
the necessity of opening a new loan to save the
credit of the United States. Monied transactions,
how affected. Drafts of T. Barclay for the Mo-
rocco treaty have exceeded what was anticipated.
Regrets he has no letter of recall from the Hague.
Encloses letters from Messrs. Wilhem and Jan
Willink to John Adams. Amsterdam, May 15th,
1787, (254.) On financial affairs. From Messrs.
Wilhelm and Jan Willink to John Adams. Amster-
dam, May 18th, 1787, (256. )
From John Jay to John Adams. Office for Foreign
Affairs, July 31st, 1787. '- 258
Letters acknowledged to the 23d May. Transmits
sundry acts of Congress. Obstacles to the execu-
tion of the treaty removed by several of the
States. Progress of the convention at Philadelphia.
Extract from the secret journals, July 20tb, 1787,
(261.)
(Papers relative to the treaty of peace.)
From John Sullivan to John Jay. Exeter, Sep-
tember. 18th, 1786. - - - 263
Transmits an act of the legislature of New Hamp-
shire, (264. ) From James Bowdoin to John Jay.
Boston, May 17th, 1786. Encloses acts and reso-
lutions of Massachusetts, (266.) From John Col-
lins to John Jay. Newport, September 4th, 1786.
An act of Rhode Island and Providence Plantations,
(282.) From Samuel Huntington to John Jay.
Council Chamber, Hartford June 12th, 1786, (284.)
An act of Connecticut, (285 ) From W. Living-
ston to John Jay. Elizabethtown, June 15th, 1786,
(287.) From George Clinton to John Jay. New
York, July 20th, 1786, (287.) Extract from the
proceedings of the assembly of New York, (288. )
An act of 'the State of Delaware, (294.) An act
of the State of Maryland, (296.) From P. Henry
to John Jay, Richmond, June 7th, 1786, (297.)
An act of Virginia, (297. ) From R. Caswell to
John Jay. North Carolina, Kinston, June 21st,
1786, (298.) An act of North Carolina, (299.)
From William Moultrie to John Jay. Charleston,
South Carolina, June 21st, 1786, (300.)
XVI CONTENTS.
Page.
From John Adams to John Jay. Grosvenor Square,
London June 16th, 1787. - - - - 301
Transmits a translation of the contract for a million
of guilders. Absolute necessity of the measure.
Prompt ratification important, Visit to Amsterdam.
Kiots in that city. Hopes the Dutch may be left to
settle their own disputes. Contract for a loan of a
million of guilders, (303.)
Report of Secretary Jay, Oct. 12, 1787, on the pre-
ceding letter of the 16th June. - - -308
From John Jay to John Adams. New York, Sep-
tember 4th, 1787. - - - - -309
Want of adequate representation prevents action on
foreign affairs. Report made on Mr. Adams'
return. Extract from the secret journals of Con-
gress, August 1st, 1787, (309.)
From John Jay to John Adams. Office for Foreign
Affairs. October 3, 1787. - - - 310
No decision yet had upon Mr. Adams' return. En-
closes copy of the new form of government. Fate
uncertain. Opposition expected. Extract from
the secret journals of Congress, September 24th,
1787, (312.)
From John Jay to John Adams. Office for Foreign
Affairs, October 16th, 1787. . - - 315
Transmits an act of Congress complying with Mr.
Adams' request to return. No decision respecting
a Minister or Charge d' Affaires. Transmits various
other acts and papers enumerated. American pub-
lic much occupied with the new form of govern-
ment. Considers it a compromise. Mr. Jefferson's
commission renewed. Friendly wishes to the
Dutch. Extract from the secret journals of Con-
gress. October 5th, 1787, (317.)
From John Jay to John Adams. Office for Foreign
Affairs. November 3d, 1787. - - - 321
Transmits sundry acts of Congress. Extracts from
the secret journals of Congress, October llth,
12th, 1787, (322, 323.)
From John Adams to John Jay. London, Septem-
ber 10th, 1787. 323
Encloses a letter from the Portuguese Minister.
Thinks the United States should have a Minister
at Lisbon. Colonel Smith's journey to Portugal.
Observations on such missions. Unknown and
informal.
From the Chevalier del Pinto to John Adams. Lon-
don September 7th, 1787. - - - - 325
CONTENTS. XV11
Page.
On an exchange of Ministers. John Adams to the
Portuguese Minister. Grosvenor Square, Septem-
ber 10th, 1787, (326.)
From John Adams to John Jay. London, Septem-
ber 22d, 1787. 327
Mr. Jay's letter of the 31st July received. The arri-
val fortunate, although there has been no act of
Virginia or South Carolina. European affairs and
probability of a war. De Moustier, Minister from
France to Congress. Consequences of a long war
in Europe to the United States. Delicacy of his
situation in case of war.
From the same to the same. London, September
22d, 1737. 328
Impressment of American seamen. Note addressed
to Lord Carmarthen delivered in person. His Lord-
ship promises redress. Invited to talk. Nothing
learned, but that war had been declared by the
Porte against Russia. Critical situation of Europe.
Another case of impressment. John Adams to
Lord Carmarthen. Grosvenor Square, September
22d, 1787, (330.)
From John Adams to John Jay. London, Septem-
ber 23d, 1787. - 331
Dangerous situation of Holland. The English arming.
Inactivity of France. Unsettled state of Europe.
Mr. Pitt's economical plans disarranged. Fortu-
nate position of the Americans, who should fortify
and cherish their noble institutions.
From the same to the same. London, October 9th,
1787. 333
Situation and position of France contrasted with that
of England. Able diplomatists required on the
part of the former at the courts of London and the
Hague. Characters of the Marquis de Verac and
Comte de Adhemar. On the conduct of Ambassa-
dors in general. Policy and measures of England.
The indifference of France about Holland will not
secure her peace. The excitement of the English
is astonishing, is confident a war is not far off.
Wisdom in the United States to remain neutral; but
if England is successful will not be permitted.
Affairs of Holland dismal. A warning to the
United States.
From John Adams to John Jay. London, Octo-
ber 25th, 1787. - .... 337
Encloses a letter of Mr. Fagel relative to Mr. Dumas.
Memorial by their High Mightinesses, &c. signed
John Adams, (338.) H. Fagel to John Adams.
VOL v.— 3
XV111 CONTENTS.
Page.
Hague, October 18th, 1787, (339.) John Adams
to H. Fagel. London, October 25th, 1787, (340.)
John Adams to Mr. Dumas. London, October
25th, 1787, (341.)
From John Adams to John Jay. Grosvenor Square,
November 15th, 1787. - - - - 341
Attack upon Mr. Dumas. Hints in the English papers
of liis friendship to France. Advises his dismission
with a pension. In relation to the correspondence
with Mr. Fagel, thinks Congress not obliged for-
mally to answer it. General remarks on European
Affairs. If England succeeds against the house of
Bourbon, will not scruple to attack the United
States. Conduct of Mr. Dumas and Messrs. Van
Staphorsts not approved of, in taking so decided
parts in favor of France and against the Stadlholder.
Note from Lord Carmarthen. White Hall, Octo-
ber 3 Oth, 1787, (345.) Enclosing declaration and
counter declaration.
From John Adams to John Jay. Grosvenor Square,
November 30th, 1787. ti:; £!,tj'»-.«.n ''. ' ' - - 346
Transmits the King's speech and panegyrics upon it.
Imprudent conduct of a deceased French Minister.
Reflections upon other Ministers. Providential
escape of the United States from Mr. Deane's
system of De Maillebois' and De Coudray's. Many
exiles from Holland. Interposition of Prussia in
the affairs of Holland unjustifiable. Speeches of
Fox and Pitt. Policy of England developed in the
speech. State of France. If the house of Bour-
bon is unable to assert her dignity, the demands of
England will become extravagant. Great necessi-
ty of caution on the part of the United States.
Speech of the King of England, (349.)
From John Adams to John Jay. Grosvenor Square,
December llth, 1787. - - - - - 352
Transmits to Congress a paper of Patrick Miller, of
experiments in navigation. Experiments in naviga-
tion by Patrick Miller, Esquire. June 2d, 1787,
(352.)
From John Adams to John Jay. Grosvenor Square,
December 16th, 1787. - - - - 355
Mr. Jay's letter of the 16th October received, with
its enclosures. Is honored by the approbation of
Congress. Mr. Smith will return to New York.
Approves of the new plan of government. Hopes
to hear of its being adopted by all the S.tates.
Rumor of a quadruple alliance in Europe. America
nothing to fear except a want of union and govern-
ment. No answer from the ministry to any letters
or memorials. None expected.
CONTENTS. XIX
Page.
From John Adams to John Jay. Grosvenor Square,
February 14th, 1788. - ' - - - -357
Lord Carmarthen expresses a wish for a commercial
treaty with the United States. His opinion of the
new constitution. Consequences in Europe, if the
constitution is rejected. Personal treatment on
preparing for departure, the same on the part of
the opposition and administration. The Marquis
de la Luzerne, Ambassador at the court of St.
James, lias already met with humiliations. Ill re-
ception of the Chevalier de Ternant by the King
and Queen.
From John Adams to John Jay. Grosvenor Square,
February 16th, 1788. - - 360
Mortification at the return of his letters and memo-
rials from the Hague, by Mr. Fagel. There
should have been a letter of recall. The same
irregularity in his recall from the British court.
Requests regular letters of recall. From H. Fagel
to John Adams. Hague, February 12th, 1788,
(361.) Memorial to his most Serene Highness,
William the fifth, Prince of Orange, &c. (362.)
Memorial to their High Mightinesses the Lords, the
States General of the United Netherlands, (363.)
Resolves of Congress. October 5th, 1787. - 365
From John Adams to John Jay. Grosvenor Square,
February 21st, 1788. 365
Audience of leave of his Majesty. Address to the
King. Reply of his Majesty.
From John Adams to John Jay. Bath Hotel, Lon-
don March 26th, 1788. - - - - 367
Recommendation of Colonel Smith .
From John Jay to John Adams. New York, Feb-
ruary 14th, 1788. - - - - - 367
Transmits letters of recall.
From John Adams to John Jay. Braintree, Octo-
ber llth, 1788. 368
Solicits a settlement of accounts with the United
States.
CORRESPONDENCE OF COL. WILLIAM S. SMITH.
From W. S. Smith to the President of Congress.
New York, January 14th, 1785. - - - 371
Offers his services to Congress. Recommendation
from General Washington. June 24th, 1782, (372.)
Statement of character and services by B. Lincoln,
XX CONTENTS.
Page.
Secretary at war. Philadelphia. July 2d, 1782,
(373.) '
From W. S. Smith to John Jay. Falrnouth, May
16th, 1785. 374
Announces his arrival in England.
From W. S. Smith to R. H. Lee, Esq. London
June 15th, 1785. 375
Meets Mr. Adams. Introduction to Majesty. Thinks
the Spanish preparations may have some other ob-
ject in view than an attack upon the Algerines.
From John Jay to W. S. Smith. August 26th 1785. 376
Acknowledges the receipt of the letter of the 15th
June.
From W. S. Smith to John Jay. Westminster,
December 6th, 1785. 377
Obtains permission of Mr. Adams to travel on the
continent during the recess of Parliament. Visits
the Prussian camp. Remarks on the state of
Europe. Notice of the literati, who are alone
anxious for our prosperity. Efforts to lessen
America in the eyes of Europe. Those aspersions
intended to prevent emigrations. Character of the
King of Prussia. His policy imitated by the Em-
peror of Germany. Intercourse between America
and Europe, effects of. Necessity and propriety of
,,*.' commercial arrangements. Feeling of European
statesmen toward the republics of America. Re-
commends the settlement of the lands on the Ohio
and Mississippi. American Minister at Madrid
should direct his attention to South American affairs.
Commerce with that country heretofore beneficial.
Negotiations between the courts of London and
Versailles at present point to friendly commercial
treaties. Observations on the Barbary negotiations
From John Jay to Colonel W. S. Smith. New
York, May 4th, 1786. > - - - 394
Letter of the 6th December communicated to Con-
gress. Has resigned his appointment in the con-
troversy between New York and Massachusetts.
From W. S. Smith to John Jay. London April
llth, 1786. 395
Transmits letters from Messrs. Lamb and Randall.
Treaty with Portugal signed. From John Lamb to
John Adams. Barcelona, February 16th, 1786,
(396.) From Paul Randall to John Adams. Bar-
celona, February 17th, 1786, (396.) From Paul
Randall to John Adams. Februa.-y 25th, 1786.
(398.)
CONTENTS XXI
Page.
From W. S. Smith to John Jay. London, May
29th, 1786. - - - - - - 400
Forwards a copy of a letter from P. R. Randall.
Failure of Mr. Lamb's mission. From P. R. Ran-
dall to John Jay. May 4th, 1786, (401.)
From W. S. Smith to John Jay. London, May
10th, 1786. - - . - 403
Desig-ns of leading1 men in South America. An agent
in London. A supply of arms, &c. asked. Opinion
of Mr. Pitt on this subject. Agency of the Mar-
quis of Buckingham. Developement of views.
Thinks the people of Kentucky will be tampered
with. Encloses a letter from Thomas Barclay to
Messrs. Adams and Jefferson. Mogador, June 10th,
1786, (406.)
From W. S. Smith to John Jay. London, June
14th, 1786. 407
Proceedings of the British parliament. Treaty be-
tween France and England is believed to be in for-
wardness. Affair of the Marquis of Buckingham
in check.
From the same to the same. London, June 15th,{ v •
1786. 408
Decision of the parliament in the case of Mr. Has-
tings. Conduct of Mr. Pitt unfathomable on this
and other occasions.
From John Jay to W. S. Smith. New York, Sep-
tember 5th, 1786. 409
Letters acknowledged to the 15th June. Inquiries
whether the letter of the 10th May was intended to
be private or official. Congratulates Mr. Smith on
his marriage.
From W. S. Smith to John Jay. London, July
5th, 1786. 411
Affair of the South American agency. Pains taken
to get an American merchant to undertake their
business for them. Transmits a letter from Thos.
Barclay to Messrs. Adams and Jefferson. Mor-
occo, July 16th, 1786, (412.)
From W. S. Smith to John Jay. London, August
7th, 1786. 414
Mr. Adams departs for the Hague to ratify the Prus-
sian treaty. Accounts from the continent. Affairs
of the United provinces. Cause of the rise of
stocks in England. Transmits a pamphlet calculated
to rouse the temper of the English nation against
the United States. Laments there are grounds of
complaint. An attempt made upon the life of the
King by a woman.
XX11 CONTENTS.
Page.
From John Jay to W. S. Smith. New York, No-
vember 2d, 1786. 416
Preceding' letter received and communicated to Con-
gress.
From W. S. Smith to John Jay. London, August
23d, 1786. 417
Transmits the debates in parliament. Encloses a
letter from T. Barclay to Messrs. Adams and Jef-
ferson. Morocco, June 26th, 1786, (418.)
From W. S. Smith to John Jay. London, August
20th, 1786. 419
Transmits public papers. Comments upon the article
from the General Advertiser, under the London
head. Substance of which was obtained from John
Wilkes by the printer. Thinks a breach of treaty
the object of the British government. Conversa-
tion with an officer of the guards. Court opinion
of Mr. Hartley. Extract from the General Adver-
tiser. London, Aug-ust 10th, 1786, (424.)
From W. S. Smith to John Jay. London, August
26th, 1786. 427
Transmits an enclosed note communicating- the death
of the King of Prussia.
From W. S. Smith to John Jay. London, Septem-
ber 1st, 1786. - - . - - - 427
Encloses a copy of a letter from Mr. Barclay. Notice
of Mr. Ledyard. His intended journeys.
From W. S. Smith to John Jay. London, Sep-
tember 2d, 1786. 430
Despatches forwarded from Mr. Jefferson.
From W. S. Smith to John Jay. London, Septem-
ber 4th, 1786. 431
Lord Dorchester (late Sir Guy Carleton) sets out for
Canada. Supposed to be armed with powers to
settle the boundary question. If they had the dis-
position to arrange that point, it could easily be
done, as Mr. Adams' powers are sufficient, and Mr.
Hartley here. Thinks they are unwilling to decide
on any qeestion. Their consular plan. Thinks
those gentlemen will be found making separate
proposals to the States where they reside, for a
commercial intercourse, independent of federal
systems.
From W. S. Smith to John Jay. London, Septem-
ber 4th, 1786. 432
Mr. P. Bond appointed Consul of the middle States,
and Commissary for all commercial affairs within the
dominion of the United States.
CONTENTS. XX111
Page.
From W. S. Smith to John Jay. London, Septem-
ber 18th, 1786. 433
Transmits letters from T. Barclay. Mogador, July
30th, 1786, (434.) From T. Barclay to John
Adams. July 31st, 1786, (434.)
From W. S. Smith to John Jay. London, October
4th, 1786. 435
Commercial treaty signed between France and Eng-
land. Heads of the treaty. Treaty with the Em-
press of Russia in check.
From W. S. Smith to John Jay. London, October
llth, 1786. 438
South American affair. Mode of ensuring and pro-
bability of success.
From W. S. Smith to John Jay. London, October
31st, 1786. 440
Transmits newspapers.
From John Jay to W. S. Smith. New York, Feb-
ruary 6th, 1787. 441
Letters acknowledged to the 31st October.
From W. S. Smith to John Jay. Bath, January
3d, 1787. 441
Subjects of discussion for the approaching session of
Parliament. Intention of the merchants to petition
Parliament; relative to their debts in America. En-
closes a letter from David Hartley to W. S. Smith.
London, December 1st, 1786, (445.) Upon the
subject of a pamphlet which he thinks calculated
to produce a spirit of alienation between Great
Britain and the United States. Reply of W. S.
Smith to David Hartley. London, December 3d,
1786, (448.)
From W. S. Smith to John Jay. London, January
24th, 1787. 450
Affairs of France. Calling of the Notables. Extract
of a letter from Amsterdam. Troubles anticipated
in Ireland.
From W. S. Smith to John Jay. London, February
9th, 1787. 452
Proceedings of the British Parliament. Singular
absence of Lord North. Mr. Fox charges Mr.
Pitt with alteration of opinion respecting America.
Declaration of the Marquis of Lansdowne. Trans-
mits letters from T. Barclay to Messrs. Adams and
Jefferson. Alicant, February 10th, 1787, (455.)
From W. S. Smith to John Jay. London, February
26th, 1787. - - - 456
Transmits papers and debates of Parliament. Speech
XXIV CONTENTS.
Page.
of Mr. Burke, who expresses his astonishment at
the course of the present administration relative to
America.
From W. S. Smith to John Jay. Westminster,
March 6th, 1787. 458
Consents to undertake the business noticed in Mr.
Adams' letter.
From W. S. Smith to John Jay. London, April
1st, 1787. - - - - - - - 459
Proceedings in Parliament. Irritating' observations
relative to America. System of the King unchanged
by change of Ministers. View of his political
conduct.
From John Jay to W. S. Smith. New York, May
12th, 1787. 462
Letters received to the 1st of April last. Fluctuating
situation of affairs at home.
From W. S. Smith to John Jay. London, Sep-
tember 12th, 1787. 463
Return from Lisbon. Report of proceedings. Re-
ception at the court of Portugal. Encloses an
appointment from John Adams to W. S. Smith to
proceed to the court of Portugal, (475.) Instruc-
tions, (477.) From W. S. Smith to Martinho de
Melho e Castro. Lisbon, July 16th, 1787, (480.)
Note to the same. July 21st, 1787, (481.) Ad-
dress of Colonel Smith to her most faithful Majesty,
(481.) Reply of her Majesty, (482.) Her Majes-
ty's letter to Congress, (482.) Note of Mr. Fon-
seca to Colonel Smith. August 3d, 1787, (483.) Re-
port of Secretary Jay on the letter of Col. Smith of
the 12th September, 1787. Office of Foreign
Affairs, March 12th, 1788, (484.)
From John Jay to W. S. Smith. August 12th,
1788. _ 485
Congress is "pleased with the manner in which Col.
Smith appears to have treated the affairs to which
those despatches relate."
From W. S. Smith to John Jay. London, October
16th, 1787. 486
Transmits papers which have been received from
Mr. Dumas. Remarks thereon. Letter from Mr.
Dumas to John Adams. The Hague, October 9th,
1787, (487 .) Paper purporting to be a last will and
testament, (488.)
From W. S. Smith to John Jay. London, October
17th, 1787. - 490
Affairs of Holland. Extract of a letter from Amster-
dam. South American agents shipping arms and
ammunition. Santa Cruz a place of deposite.
THE
DIPLOMATIC CORRESPONDENCE
UNITED STATES.
VOL. v.— 1
THE
CORRESPONDENCE
OS
JOHN ADAMS,
ONE OF THE COMMISSIONERS FOR THE FORMATION OF
TREATIES OF AMITY AND COMMERCE AND MIN-
ISTER PLENIPOTENTIARY TO ENGLAND,
WITH
THE ANSWERS OF JOHN JAY,
SECRETARY FOR FOREIGN AFFAIRS.
. [CONTINUED.]
FROM JOHN ADAMS TO JOHN JAY.
London, June 27, 1786.
Sir,
The Chevalier De Pinto, the Envoy of Portugal,
informed me, this day that, he had received instructions
from his Court to inform me, " that the Queen his Mis-
tress has sent a squadron to cruise in the mouth of the
straits, with orders to protect all vessels belonging to the
United States of America equally with -those of her own
subjects, and that she would continue those orders as
long as they should be agreeable to Congress.
The reply was, that it could not be doubted that so
signal a mark of her Majesty's friendly attention to the
interest and safety of the citizens of America, would be
very agreeable to Congress, and that the first opportunity
should be embraced to make the communication to them.
So much notice will probably be taken of this by Con-
3, as to return the compliment ; the least is thanks.
4 JOHN ADAMS— JOHN JAY.
If the United States should ever think themselves able
to pay taxes and begin a navy, this war of the Algerines,
would be a good opportunity. I have never dared,
however, to recommend it, because, that as negotiation
and customary presents and redemption of captives must
finally terminate the war ; whatever sums are spent in it,
whatever time is spent, or lives lost in it, it has ever
appeared to me that all this would be thrown away.
It would employ our shipwrights and make various
branches of business brisk, to order half a score of frigates
of thirty six guns to be built, and it would give us an
eclat, but it would cost money.
With great regard, &tc.
JOHN ADAMS.
FROM JOHN ADAMS TO JOHN JAY.
Grosvenor Square, February 27, 1786.
. Sir,
At the last conferences, as they call here, what is
understood in Paris by Ambassadors' Days, the Marquis
of Carmarthen wa.s pleased to make an apology for not
having yet answered the memorial requiring the evacua-
tion of the posts. " It would sound oddly to say that he
had delayed his answer to prevent delays, but it was
true. He had drawn up his answer, but as he was
obliged to say something concerning the old debts, he
had been obliged to wait for a little further information,
that he might state in one view, all the acts of the assem-
blies which had interposed impediments." As^ this is
some kind of respect to the memorial, it ought to be
DIPLOMATIC CORRESPONDENCE. 5
communicated to Congress, as no doubt, it was intended
and expected that it should be.
The public prints will inform you, that the Newfound-
land bill, and the American intercourse bill are revived.
It would be sufficient to convince every American what
the system is, to say that Mr. Jenkinson was the mem-
ber of administration and the House of Commons, select-
ed to conduct this business. Comparing his well known
character with what he said, you will believe that the
same men and the same principles which have governed
this nation in their conduct towards America these twenty
years, prevail to this hour as far as the circumstances
will admit, and that Mr. Pitt is either a convert to their
sentiments, or is only an ostensible Minister.
It remains with the States to determine what measures
they will take to discourage a commerce the most im-
poverishing and ruinous that can be imagined, to promote
a more beneficial intercourse with the rest of Europe,
and to support their own manufactures and navigation,
for on such measures alone can they have any depen-f
dence, in future,
With sincere esteem, &c.
JOHN ADAMS.
FROM JOHN ADAMS TO LORD CARMARTHEN.
Grosvenor Square, February 6, 1786,
My Lord,
I have the honor of transmitting to your Lordship a
copy of a letter of the 21st of December last, from his
Majesty's Consul General in the United States to their
6 JOHN ADAMS— JOHN JAY.
Secretary of State for the Department of Foreign Affairs,
which has been laid before Congress, who have been
pleased to direct me to communicate it to his Majesty,
with this information, that the complaint stated in it,
being in general terms, and unsupported by any particu-
lar facts or evidence, they do not think it necessary, or
proper, to take any measures in consequence of it ; and
with this assurance, that, as it is their determination the
treaty of peace shall be punctually observed by their
citizens, and that his Majesty's subjects shall enjoy in
the United States, all the rights which friendly and
civilized nations claim from each other, so they will
always be ready to hear every complaint which may
appear to be well founded, and to redress such of them,
as on investigation shall prove to be so. Let me request
your Lordship to lay this communication before his
Majesty.
Your Lordship will permit me to avail myself of this
opportunity of remarking, that the office of Consul
General does not extend to matters of this kind ; neither
the rights of commerce, nor of navigation being in ques-
tion, and therefore, that it was delicacy towards his
Majesty, rather than a sense of the propriety of such an
application from a Consul General, which induced Con-
gress to treat it with this mark of attention.
As the United States, my Lord, have a Minister Pleni-
potentiary, residing at this Court, inconsequence of a pro-
position, to that purpose made by his Britannic Majesty's
Minister, through his grace the Duke of Dorset, his Am-
bassador at Paris, your Lordship will permit me to propose
to the consideration of his Majesty's Ministers the expe-
diency, as well as propriety of sending a Minister Plenipo-
DIPLOMATIC CORRESPONDENCE. 7
tentiary, from his Majesty to the United States of Ame-
rica. I am authorized, my Lord, to give assurances that
Congress expect such a Minister, and are ready to receive
and treat him in a manner consistent with the respect
due to his Sovereign.
With great respect, &c.
JOHN ADAMS.
FROM JOHN ADAMS TO JOHN JAY.
Grosvenor Square, March 4, 1786.
Sir,
I have the honor to enclose to you, copies of the
Secretary of State's answer, dated the 28th of February,
to the memorial dated the 30th of November, and pre-
sented to him on the 8th of December last, and of a
state of grievances of British merchants, and others. I
shall make no reply to his Lordship until I receive the
orders of Congress.
With great respect, &c.
Jt,ili JOHN ADAMS.
FROM LORD CARMARTHEN TO JOHN ADAMS.
St. James, February 28, 1786.
Sir,
In answer to the memorial you did me the honor to
deliver to me, on the 8th December, I have to observe to
you, sir, that it is his Majesty's fixed determination, upon
the present^ as well as every other occasion, to act in
8 JOHN ADAMS— JOHN JAY.
perfect conformity to the strictest principles of justice
and good faith.
The seventh article both of the provisional and of the
definitive treaties, between his Majesty and the United
States, clearly stipulates the withdrawing with all con-
venient speed, his Majesty's armies, garrisons and fleets
from the said United States, and from every port, place,
and harbor, within the same, and no doubt, can possibly
arise respecting either the letter or spirit of such an
engagement.
The fourth article of the same treaties as clearly stipu-
lates that creditors, on either side shall meet with no
lawful impediment to the recovery of the full value in
sterling money of all bona fide debts, heretofore con-
tracted.
The little attention paid to the fulfilling this engage-
ment on the part of the subjects of the United States
in general, and the direct breach of it, in many particu-
lar instances, have already reduced many of the King's
subjects to the utmost degree of difficulty and distress ;
nor have their applications for redress, to those whose
situations in America naturally pointed them out as the
guardians of public faith, been as yet successful in
obtaining them that justice, to which, on every principle
of law, as well as of humanity, they were clearly and
indisputably entitled.
The engagements entered into by treaty, ought to be
mutual, and equally binding on the respective contract-
ing parties. It would, therefore, be the height of folly,
as well as injustice, to suppose one party alone obliged
to a strict observance of the public faith, while the other
might remain free to deviate from its own engagements,
DIPLOMATIC CORRESPONDENCE. 9
as often as convenience might render such deviation
necessary, though, at the expense of its own national
credit and importance.
I flatter myself, however, sir, that justice will speedily
be done to British creditors ; and I can assure you, sir,
that, whenever America shall manifest a real determina-
tion to fulfil her part of the treaty, Great Britain will
not hesitate to prove her sincerity, to co-operate in what-
ever points depend upon her, for carrying every article
of it into real and complete effect.
The enclosed paper contains a state of the grievances
complained of by merchants and other British subjects,
having estates, property, and debts due to them in the
several States of America.
I am, Sir, &c.
CARMARTHEN.
_.»eee44~-
State of the grievances complained of by merchants and
other British subjects, having estates, property, and
debts due to them in the several States of America.
MASSACHUSETTS BAY.
By an act of this State, passed the 9th of November,
1784, the justices of the Courts" of Judicature were
directed, severally to suspend rendering judgment, for
any interest that might have accrued, between the 19th
of April, and the 20th of January, 1783, on debts due
to British subjects.
This act is peculiarly severe on British subjects against
whom it is expressly pointed, the demand of interest is
called inequitable and unjust, and the Legislature of this
VOL. v. — 2
10 JOHN ADAMS— JOHN JAY.
State conceive it to be repugnant to the spirit and inten-
tion of the fourth article of the treaty of peace, which,
they say, provides only for bona fide debts. The act
states, that the Legislature have taken measures to obtain
the sense of Congress upon this article ; but the com-
mittee have not heard that any opinion has been given
thereon.
NEW YORK.
By an act passed in this State, the 12th of July, 1782,
British creditors are precluded from the claim of interest,
on all debts contracted before the 1st of January, 1776,
until after the 1st of January, 1783 ; and executions for
the principal of those debts are forbidden to be levied,
until the expiration of three years after the evacuation
of New York. ' By another act passed the 17th of
March, 1783, and confirmed by others in 1784 and 1785,
those Americans who had abandoned their possessions in
New York, upon its capture by the British troops, and
resided without the lines during the war, are enabled to
bring actions of trespass for rents, &c. during their
absence, against the persons who had occupied their
premises, whether under the authority or permission of
the British commander, or otherwise, and who, by this
act, are precluded from pleading any military order
whatsoever in justification of their occupancy. It also
authorizes the sequestration of the estates of British
subjects, lying in that country, for their conduct during
the war.
By virtue of this law, actions for claims to an enor-
mous amount were immediately instituted against British
subjects, who, relying implicitly on the treaty of peace,
and the faith of nations, were encouraged to remain in
DIPLOMATIC CORRESPONDENCE. 11
New York, upon its evacuation, for the purposes of col-
lecting their debts, and settling or extending their com-
mercial affairs ; and in cases where those who had occu-
pied the premises were not to be found, the demands
were made on the lodger, the late servant, or the agent
of those occupiers. These suits have been prosecuted
with the utmost severity, and being determinable by
juries of interested men, as well as conformable to the
abovementioned statute, it is no wonder that verdicts for
exorbitant rents and damages have in every instance
been found against the defendants.
PENNSYLVANIA.
This State has violated the 4th article of the definitive
treaty, by passing a law soon after the peace to restrain
the recovery of the old debts, for a given period. The
British merchants were, in consequence thereof, set at
defiance, and few instances exist of payment having been
made, for any debts contracted before the war. This
law was limited to September, 1784. But whether it
has been further extended by any new act, or whether it
expired at that time, the committee are not certain.
This law, operating with the fears and prejudices of some
of the inhabitants, has produced effects of the most mis-
chievous consequence to the British merchants ; for not
only an uniform opposition has been made against the
payment of interest, but the lawyers dreading the resent-
ment of some of the .most violent among their country-
men, have refused to engage in the recovery of these
unpopular demands, and the committee are well assured
that not one action for the payment of an old British
debt, has been prosecuted in this State.
12 JOHN ADAMS— JOHN JAY.
VIRGINIA, MARYLAND, AND NORTH CAROLINA.
The merchants interested in the trade to these States,
having already by their chairman, presented their case
and memorial to the right honorable the Marquis of Car-
marthen, respecting their situation, as to the debts due
to them previous to the late war, and the hardships they
experience, from the infraction of the 4th article of the
definitive treaty, the committee beg leave to refer to the
annexed extract.*
SOUTH CAROLINA.
After Congress had ratified the definitive treaty of
peace, they had recommended a due observance thereof,
to the different States, and the assembly of South Caro-
lina resolved to carry the said treaty into execution
sincerely, strictly and completely; but, regardless of those
resolutions, and in contravention to the treaty, the Legis-
lature passed an ordinance the 26th of March, 1784,
declaring among other things, that no suit, should be
instituted for any debt contracted by any citizen of the
United States previous to the 26th of February, 1782,
until the 1st of January, 1785, when the interest only,
which had accrued since January 1780, might be re-
covered.
And, on the 1st of January, 1786, one fourth part of
the principal, and all such other interest as might be
then due.
On the 1st of Jauary, 1787, one other fourth part of
the principal and the interest, which shall have accrued.
On the 1st of January, 1788, one other fourth part of
the principal and the interest accrued thereon; and on the
first of January, 1789, the balance which may be then due.
* See extract of memorial, page (17.)
DIPLOMATIC CORRESPONDENCE. 13
By this ordinance debtors are judicially protected from
suits brought at the instance of their creditors who are
chiefly British merchants, and so great and general are
the obstructions to the recovery of debts that in several
districts remote from Charleston, the Courts have been
prevented by tumultuous and riotous proceedings from
determining actions for debt. By the delay thus occa-
sioned the property of the British merchant becomes
every day more precarious, his credit and fortune are
materially injured and in many cases totally destroyed.
To prevent the operation of the act beforementioned,
in cases where it empowers creditors to sue for one fourth
part of the principal of a debt, on the 1st of January,
1786, an act was passed by this Legislature the 12th
October, 1785, entitled "an act for regulating sales under
execution, and for other purposes therein mentioned,"
whereby a debtor during any period of a suit that has
been or may be commenced, is allowed to tender land in
payment of his debt, such land to be appraised by three
citizens of the county or parish, where it lies, who are
authorised to value it as if sold at a credit of six months,
the creditor is then obliged to take the land at three
fourths of the value at which it is so appraised. .
By the same law, it is further enacted that no creditor
shall bring any suit for debt, until he make application
in writing from himself to his debtor, for payment. This
act seems calculated to cut off all possibility of non-
resident British creditors commencing a suit, the proviso
that he must write himself to his debtor, is considered
as an insurmountable obstacle in his proceedings, as he
must meet with innumerable difficulties in proving the
delivery of his letter to a debtor, who may reside in the
14 JOHN ADAMS— JOHN JAY.
interior part of the State. Where this difficulty does
not exist, the creditor must either drop his action or run
the risk of having property of little or no value, bordering
perhaps, on the Indian country, forced upon him, which,
if sold for cash would not produce one tenth part of its
appraised value. Another instance of the violation of
the fourth article of the treaty which provides that
"creditors on either side shall meet with no lawful
impediment, to the recovery of the full value in sterling
money of all bona fide debts heretofore contracted,"
arises from the payment of debts to British subjects in
depreciated paper currency which was forced into circu-
lation during the war, and made a legal tender according
to its nominal value by the then government. The
depreciation became so great that debtors, by such unjust
tenders, did not pay one shilling in the pound, and where
they plead these payments or tenders in bar to the
demands of their British creditors, such creditors are
proportionally defrauded of their property.
The fifth article of the treaty stipulates that persons
of certain descriptions shall have free liberty to go to any
part of the United States, to obtain the restitution of
their rights and properties, this article has been grossly
violated in this State ; for though such persons were per-
mitted to go thither, yet the purposes for which they
went were frustrated by a suspension of the course of
justice, for they were compelled to depart by a public
notification from the Governor, and to abandon their pro-
perty, under the aggravating reflection of having been
at considerable expense both of time and money, in a
delusive pursuit, and having also experienced great per-
sonal insult and abuse during their continuance in the
State.
DIPLOMATIC CORRESPONDENCE. 15
Several British merchants, who had sold goods in
Charleston, while in possession of his Majesty's troops,
were obliged to accept houses and lands in payment of
debts. After its evacuation, an act of confiscation was
enforced, which, though not passed till 26th of February,
1782, had restrospect to the 4th of July, 1776. Houses
and lands then the property of persons in purview of the
act, but which had undergone many changes, &;c. actu-
ally belonged to British merchants, when the act was
passed, were sold by the commissioners of confiscated
estates in June, 1784, without any regard to their claims
founded upon the fifth and sixth articles of the treaty of
peace. The property was sold at a credit of five years;
and State indents were to be received in payment. In
case the State of Carolina should comply with the 5th
article of the treaty, it has been suggested that the
claimants will be paid in State indents, which are already
depreciated fifty per cent., and it is apprehended, may,
at the end of five years, be so reduced in value, that
creditors of this description will not receive one shilling
in the pound, of their demands.
It is also necessary to observe that the decisions of the
board of police, established under the King's govern-
ment, in Charleston, however equitable, have been set
aside, since the peace. British subjects have been de-
prived of their property, purchased under its process,
and cast in excessive damages and costs, for no other
cause, than having brought actions therein for the re-
covery of debts, even where the defendant had confessed
judgment, and when, both plaintiff and defendant were
British subjects.
16
JOHN ADAMS— JOHN JAY
laws. All our courts are,
and always have been open
to him, for the recovery of
any debt, as well interest
as principal.
GEORGIA.
Laws and regulations similar- to those, which have
passed in South Carolina, exist in this State, with degrees
of peculiar and manifest aggravation; the judges from the
bench, having declared that no suit shall be proceeded
on, if brought by a British subject; while on the con-
trary, they allow British subjects to be sued by their
creditors.
According to the present regulations in both countries,
An American is protect- A British merchant is, in
ed in his property by our some States positively, in
others virtually, prohibited
by their legislatures from
recovering his property,
which is a violation of the
fourth article of the treaty
of peace. In several States
judgment for interest for
more than seven years is
actually suspended by law;
whilst in others, although
the courts appear to be
open, the lawyers are afraid
to prosecute for British
debts.
Those creditors are deem-
ed fortunate, who, upon
giving up all claim to inter-
est (which is equal to thir-
ty, and in some instances
to forty per cent) can ob-
tain security for the pay-
ment of the principal.
DIPLOMATIC CORRESPONDENCE.
Extract of the case and memorial of the merchants of
London, Bristol, Liverpool, JVhitehaven and Glas-
gow, trading to Virginia, Maryland and North Ca-
rolina, previous to the year 1776, addressed to the
Right Honorable the Marquis of Carmarthen, his
Majesty's principal Secretary of State for the foreign
Department:
" That, in the year 1777, the British agents and fac-
tors, as well as many of the merchants, were compelled
to quit the late American colonies, leaving behind them,
in real estates, debts and other property, equal in value
to more than three millions sterling, belonging to the
merchants of London, Bristol, Liverpool and Glasgow.
That in the course of the war, much of the property of
the British merchants was confiscated and sold, and
debts owing to persons who had no share in the contest,
were paid into the public treasuries of Virginia and Ma-
ryland by legislative authority."
" That in the provisional articles of peace between
Great Britain and the United States of America, having
been agreed upon the 30th November, 1782, and finally
adjusted on the 3rd of March, 1783, it was settled and
agreed by the fourth article of the said treaty, " That
creditors, on either side, should meet with no lawful im-
pediment in the recovery of the full value, in sterling
money, of all bona fide debts heretofore contracted,"
and the fifth article having stipulated, that the Congress
should earnestly recommend to the legislatures of the
respective States, to provide for the restitution of all
estates, rights and properties which had been confiscated,
belonging to British subjects, and the sixth article having
VOL. v.— 3
18 JOHN ADAMS— JOHN JAY.
provided, that there should be no future confiscations,
many of the British merchants, anxiously solicitous to
recover the property so long withheld from them, and
and upon which the support of their families in many
instances depended, sent out agents and factors, particu-
larly to Virginia and Maryland, not doubting but they
should experience every facility in the collection of the
wreck of their fortunes ; but upon the 2nd of July
1783, an edict was published by the Governor of Vir-
ginia, ordering all the British agents and factors, who
had arrived in that State, forthwith to depart the same ;
that in this situation these agents and factors were not
only compelled to retire on board of British ships, then
trading to the country, but had the mortification to find,
that the real estates of many of the British merchants
had been confiscated and sold, and the produce of the
same applied to the public services of government ; that
in the month of October, 1783, the legislative body of
Virginia removed the restrictions; in November following
the British merchants and agents were permitted to re-
turn, and they have remained unmolested since that
period, but no permission whatsoever has been given
either to merchants acting for themselves, or to agents
or factors acting for employers in Great Britain, to recover
any part of the debts or property left in the country in
the year 1775. That, in the month of October, 1784,
the legislative body of Virginia met, and in the course of
the session, a bill was brought in, the preamble of which
runs thus, " Whereas, by the 4th article of the definitive
treaty of peace, between the United States of America
and Great Britain, ratified by the King of Britain, on
the twelfth day of May last, it was stipulated among
DIPLOMATIC CORRESPONDENCE. 19
other things, by the said contracting parties that creditors
on either side, shall meet with no lawful impediment to
the recovery of the full value, in sterling money, of all
bona fide, debts heretofore contracted, and good faith
requires, that the said treaty shall be carried into
execution, according to the true intent and meaning
thereof." The bill then proceeds to several enacting
clauses, the substance of which are as follows.
1st. That the restraints disabling British subjects from
prosecuting for the recovery of debts, shall be removed
by the repeal of an ordinance made since the 19th
April, 1775.
2nd. That all British debts due before the date of the
provisional articles, shall be discharged by seven equal
payments, the 1st of which shall become due the 1st
of April, 1786.
3d. That the other payments shall fall due of the
same day in the six years then next following, respec-
tively.
4th. That no interest shall be allowed to British sub-
jects, for any intermediate time, between the 19th day
of April, 1775, and the 3d day of March, 1783, the
said time to be considered as one day in law.
5th. That no settlement made by bonds, or other
specialties, with interest included, at any time since that
period, shall preclude a citizen of America from the
benefit of this act, so far as respects interest and payment
by instalments to British creditors.
6th. That no execution shall issue against any debtor
for more than the proportion of the instalment due for
the time being, but such execution may issue annually
20 JOHN ADAMS— JOHN JAY.
for the proportion then due, until the whole shall be
discharged.
7th. That the citizens of Virginia, who have been
resident there, on the 19th of April, 1775, and have
remained ever since, although the partners of British
merchants, shall not, so far as they are concerned, be
subject to the restrictions of this act, but shall enjoy the
privileges of other citizens.
This bill passed the Assembly and Senate of Virginia,
but from the want of some forms it was delayed, if not
lost.
" Whether the same system of explaining and fulfilling
the 4th article of the definitive treaty, will be followed
by other States in America, or whether the common-
wealth of Virginia, will finally enact this law, remains
to be determined, but the peculiar hardships to which
British merchants are subjected cannot fail to be striking-
ly conspicuous when it is considered.
1st. That it is now ten years since their property has
been withheld from them.
2nd. That they are to be deprived of eight years in-
terest, equal to forty per cent.
3rd. That the system of making payments by instal-
ments to run out to such lengths of time, must subject
them to great loss from the natural causes of deaths,
bankruptcy and removals which must be expected to
happen in the course of eight years.
4th. That during this period, no security can be de-
manded, neither can a debtor be restrained by law from
wasting or removing property.
5th. That with all these disadvantages, that of re-
DIPLOMATIC CORRESPONDENCE. 21
moving the last payment to the year 1792, and of con-
sequence obliging the British merchants to keep factors
and agents, at a great expense, in the country, to collect
these debts, cannot fail to prove a great additional bur-
then to your memorialists.
6th. That no provision is proposed to be made for the
real property confiscated and sold for public services, nor
for money paid into the treasuries of Virginia and Ma-
ryland.
" That these and other hardships are distressing in
the extreme to the British merchants, and when it is
considered, that, in addition to all this, some of them
have had the mortification to have their property confis-
cated and sold since the ratification of the treaty of
peace, they conceive the grounds of their distress to be
so peculiarly striking as to claim the assistance and in-
terposition of the British government in procuring a
compliance with the treaty of peace, entered into with
the American States."
JOHN ADAMS— JOHN JAY.
List of money paid into the Treasury in Virginia on
account of the public debt.
Paper Currency.
I
Value in specie.
Paid from the 2nd March, 1778,
to the last day of October,
both days inclusive.
27,022 17 9
5
5,404 11 6J
Do last of October to the last
of December, 1778.
14,684 13
6
2,447 9 8
December, do March, 1779,
7,086 11 2
10
708 13 H
March ditto April,
23,435 3
16
1,464 13 llf
April ditto June,
28,911 5 3
20
1,445 11 3|
July,
6,533 4
21
311 2 if
August,
3,228 16
22
146 15 3£
September,
5,063
24
210 19 2
October,
1,475 15 6
28
52 14 1^
November,
4,315 4
36
119 17 4
December,
12,488 14 9
40
312 4 4$
January, 1780,
1,496 18 5
42
35 12 9l
February,
11,972 8
45
266 10J
March,
6,317 9 1
JO
126 6 ll|
April & May,
119,522 15 7
60
1,992 ll|
£273,554 13 7
15,044 13 8
N. B. The above sum of £273,554, currency is equal to £12,035
sterling.
List of money paid into the treasury in Maryland on
account of British debts.
Currency Exchange, 66^
New emission, C.
1781. February,
March,
April,
May,
June,
2,000
79,517 13 Hi
2,840
13,386 8 6
46,830 6 11
50
1,988 9 1$
71
335 13 6
1,170 15 7
£144,574 9 4£
3,615 18 2$
N. B. The above sum of £144,574 currency, is equal to £86,744
sterling1.
DIPLOMATIC CORRESPONDENCE. 23
This and the five preceding sheets contain true copies
of the state and lists enclosed in the Marquis of Car-
marthen's letter to me, dated 28th February, 1786, in
answer to the memorial of the 30th of November, de-
livered to his Lordship the 8th of December, 1785.
Compared by
JOHN ADAMS.
Report of Secretary Jay on Mr. Adams' letter of
4th March 1786.
Office for Foreign Affairs, >
October 13, 1786. $
The Secretary of the United States, for the Department
of Foreign Affairs to whom was referred a letter of
the 4th March last, from the Honorable John Adams,
Esquire, together with the papers that accompanied
it, reports:
That, as the subject of these papers and of this report
appears to your Secretary in a very important point of
light, he thinks they should be so incorporated as that
the record of the latter in this office, may always exhibit
an entire and complete view of the whole business. He
therefore, reports,
That, on the 8th day of December, 1785, Mr. Adams
agreeably to his instructions of the 7th day of March,
1785, presented to his Britannic Majesty's Secretary of
State a memorial dated the 30th day of the preceding
month, in the following words. See memorial, Vol. iv,
(453.;
24 JOHN ADAMS— JOHN JAY.
On considering the before recited papers these impor-
tant questions present themselves.
1. Whether any individual State has a right, by acts
of their own internal legislature, to explain and decide
the sense and meaning, in which any particular article
of a national treaty shall be received and understood
within the limits of that State?
2. Whether any, and which of the acts enumerated
in the list of grievances do violate the treaty of peace
between the United States and Great Britain ?
3. In case they, or any of them, should be found to
violate it, what measures should be adopted in relation
to Great Britain ? and
4. What measures should be adopted in relation to
the State or States which passed the exceptionable acts ?
Of these in their order, and
1. Of the right of an individual State to enact in what
sense a national treaty shall be understood within its
particular limits.
Your Secretary considers the thirteen independent
sovereign States as having by express delegation of
power, formed and vested in Congress a perfect, though
limited sovereignty for the general and national purposes
specified in the confederation.
In this sovereignty they cannot severally participate
except by their delegates, or have concurrent jurisdic-
tion, for the 9th article of the confederation most ex-
pressly conveys to Congress the sole and exclusive right
and power of determining on war and peace, and of
entering into treaties and alliances, &c. &c.
When, therefore, a treaty is constitutionally made,
DIPLOMATIC CORRESPONDENCE. 25
ratified and published by Congress, it immediately be-
comes binding on the whole nation, and superadded to
the laws of the land, without the intervention, consent or
fiat of State legislatures. It derives its obligation from
its being a compact between the sovereign of this and
the sovereign of another nation ; but laws or statutes
derive their force from being acts of a legislature compe-
tent to the passing of them.
Hence it is clear, that treaties must be implicitly re-
ceived and observed by every member of the nation ; for,
as State legislatures are not competent to the making of
such compacts or treaties, so neither are they competent
in that capacity authoritatively to decide on, or to ascer-
tain the construction and sense of them.
When doubts arise respecting the construction of
State laws, it is common and proper for the State legis-
latures by explanatory or declaratory acts to remove those
doubts ; but when doubts arise respecting the construc-
tion of a treaty, they are so far from being cognizable
by a State legislature, that Congress itself has no authori-
ty to settle and determine them.
For, as the legislature only, which constitutionally
passes a law, has power to revise and amend it, so the
sovereigns only who are parties to the treaty have power
by posterior articles and mutual consent to correct or
explain it.
All doubts in cases between private individuals respect-
ing the. meaning of a treaty, like all doubts respecting
the meaning of a law, are, in the first instance mere
judicial questions, and are to be heard and decided in
the Courts of justice having cognizance of the causes in
which they arise ; and whose duty it is to determine
VOL. v.— 4
26 JOHN ADAMS— JOHN JAY.
them according to the rules and maxims established by
the laws of nations for the interpretation of treaties.
If this 'reasoning and these principles be right, as your
Secretary thinks they are, it follows, of consequence,
that no individual State has a right by legislative acts to
decide and point out the sense, in which their particular
citizens and Courts shall understand this or that article
of a treaty. A contrary doctrine would not only mili-
tate against the common and received principles and
ideas relative to this subject, but would prove as ridicu-
lous in practice as it appears irrational in theory ; for in
that case, the same article of the same treaty may, by
law, mean one thing in New Hampshire, another in New
York, and neither the one nor the other in Georgia.
It would be foreign to the object of this report to
inquire how far such legislative acts are valid and obli-
gatory, even within the limits of the State passing them.
Much might be said on that head ; certain, however, it is
that they cannot bind either of the contracting sovereigns,
and consequently, cannot bind their respective nations.
2. Whether any, and which of the acts mentioned in
the list of grievances, do violate the treaty with Great
Britain ?
It is to be observed, that the violations complained of
are confined to three articles of the treaty, viz : the 4th,
5th and 6th.
Your Secretary will, therefore, proceed to arrange and
consider these acts in that order.
The 4th article of the treaty is in these words : " It is
agreed that the creditors on either side shall meet with
no lawful impediment to the recovery of the full value,
in sterling money, of all bona fide debts heretofore con-
tracted."
DIPLOMATIC CORRESPONDENCE. 27
This article, in the opinion of your Secretary, estab-
lishes this point, viz : That bona fide debts, heretofore
contracted, remained unextinguished by the war.
The propriety of making this remark, will appear
from adverting to the distinction there is, between cases
where the rights of creditors survived the war, and cases
where creditors, having been divested of their rights in
the course of the war, are restored to them by the treaty
of peace. In the former case, his right remains precise-
ly as it was ; but, in the latter case, it may sometimes be
questionable whether the treaty restores that right wholly
or only in part, and such questions are only to be de-
cided by recurring to the article of restoration. This
distinction is introduced for the purpose of casting light
on the question, whether interest is or is not payable on,
or comprised in, the bona fide debts mentioned in the
article before us? For, if the article considers these
debts or contracts as being in their original state of ex-
tent and obligation, there can be little doubt but that
when a stipulation to pay interest makes a part of the
contract, every attempt to invalidate that particular part
must be in opposition to the treaty. But, on the other
hand, if the article is to be considered as restoring credi-
tors to rights they had lost in the war, then, inasmuch as
it provides only for the recovery of the bona fide debts,
without making mention of the interest accrued on them,
it may be a question with some, whether the right to
recover the interest is so attached to the right of reco-
vering the principal, as that a restoration of the latter
necessarily implies and restores the former, for nothing
being said in the article to exclude interest, the only
question is whether the revival of the principal debt
28 JOHN ADAMS— JOHN JAY.
does or does not operate as a revival of the interest ?
But this is only a secondary question, and to be asked
only in case it should appear that both principal and
interest were lost in the war, and restored by the treaty,
under the denomination of bona Jide debts, which words
some construe as including both principal and interest,
and others think can intend only the principal. Those
who consider this article as being restoratory, must insist,
and ought to shew, that the debts said to be restored
were actually lost to the creditors in the course of the
war. If that was the case, they must have been so lost,
either by extinction, remission or confiscation, and that
either tacitly and silently by the laws of war, or ex-
pressly by national acts.
Your Secretary is not informed of any laws of war
among civilized nations whereby all debts before subsist-
ing between the people of belligerent nations are imme-
diately and silently either extinguished, remitted, or con-
fiscated ; and it would, he conceives, be useless to adduce
the obvious reasons which induce him to think that there
neither are, nor ought to be any such laws. If this be
so, it follows that the 4th article cannot be considered
as restoratory on the principle that the debts in question
were lost by the silent operation of such laws.
The next inquiry then is, whether belligerent powers
have a right by express acts to extinguish, remit or con-
fiscate such debts. Your Secretary thinks that the laws
of nations, strictly and rigidly considered, will authorize
it ; but that, since mankind have become more enlight-
ened and their manners more softened and humanized,
it has not been common, as well for those reasons as for
others suggested by the interest of commerce and mutual
intercourse, to practice such severities.
DIPLOMATIC CORRESPONDENCE. 29
But, admitting that the United States had a right to
extinguish, remit, or confiscate debts due from their citi-
zens to British subjects, it still remains to be inquired
whether, and in what manner, and by what acts, they
exercised that right.
For if they did not exercise this right at all, then it
will follow that these debts were neither extinguished,
remitted, nor confiscated, that the article cannot be con-
sidered as restoratory, nothing being more clear than that
restoration always implies previous deprivation.
Here a very important question presents itself, viz :
whether the State legislatures can derive a right from the
existence of war between their sovereign and a foreign
one, to extinguish, remit or confiscate, by their acts,
debts due from their citizens to the subjects of that
foreign sovereign.
The rights to make war, to make peace, and to make
treaties appertaining exclusively to the national sovereign,
that is, to Congress, your Secretary is of opinion, that
the thirteen legislatures have no more authority to exer-
cise the powers, or pass acts of sovereignty on those
points than any thirteen individual citizens.
To execute the laws or exercise the rights of war
against a national enemy belongs only to the national
sovereign, or to those to whom the national sovereign may
constitutionally delegate such authority. So that what-
ever right each State, individually considered, may have
to sequester or confiscate the property of their own proper
citizens, yet; with respect to the common enemy of the
nation they can separately do no act of national sove-
reignty; for surely a thirteenth part of a nation can, with
no propriety assume a power of doing national acts pro-
30 JOHN ADAMS— JOHN JAY.
per only to the national sovereign. However recent may
be the date of the confederation, yet an union-founded in
compact and vesting the rights of war and peace in Con-
gress preceded it; and your Secretary is exceedingly
mistaken if there ever was a period since the year 1775,
to this day, when either of the then colonies, now States,
were in capacity to pass State laws for sequestering or
confiscating the debts or property of a national enemy.
It was then and afterwards by virtue of national com-
missions, that the enemy'sjproperty on the sea was liable
to be captured and confiscated, and equal authority was
necessary to justify the confiscation of their property
found on the land.
Whatever State acts, therefore, may have been passed
during the war, exercising rights accruing to the sove-
reign from the laws of nations respecting war ; they can-
not, in the opinion of your Secretary, be obligatory on
either of the belligerent sovereigns, and consequently
not on any of their respective citizens or subjects.
Your Secretary would not have it inferred from these
remarks, that the States have passed general laws for
confiscating British debts due from their citizens. His
design in these remarks is, to obviate any arguments that
might be drawn from certain other acts, less general and
direct, but, in his opinion, equally improper. Such, for
instance, as those whereby certain British subjects were
declared traitors, and whereby, as a consequence of
treason, the debts due to them became payable to the
State to which those British subjects were declared to be
traitors — for such laws, however absurd, do exist.
There are also certain other laws authorizing the pay-
ment of debts due to certain individuals, to be made at
the State treasury in paper money, &tc. &c.
DIPLOMATIC CORRESPONDENCE. 31
The question then again recurs, did Congress do any
act for extinguishing, remitting or confiscating debts due
from Americans to British subjects ?
In an act of South Carolina, passed in their Senate
the 26th February, 1782, and entitled, " An act for dis-
posing of certain estates and banishing certain persons
therein mentioned," your Secretary finds the following
recital, viz :
" Whereas, the good people of these States having
not only suffered great losses and damages by captures
of their property on the sea, by the subjects of his
Britannic Majesty, but by their seizing and carrying off
much property taken on the land ; in consequence of
such proceedings of the British crown, and those acting
under its authority, the honorable Congress of the United
States, after due and mature consideration, authorized
the seizure and condemnation of all property found on
the sea, and belonging to the subjects of Great Britain,
and recommended to the several States in which her sub-
jects had property, to confiscate the same for the public
use." This resolution is not specified by its date.
Your Secretary has taken pains to find it in the jour-
nals of Congress, but without success, nor does the
Secretary of Congress recollect it. Admitting, however,
that there was such a recommendation, yet he cannot
think that a recommendation to confiscate such British
property as might be in particular States, can, with
any propriety, be construed to extend to the debts due
from the people of such States to persons in Britain;
nay, the very act which recites this recommendation and
which does confiscate the property of several British
subjects, makes an express exception of debts. In short,
32 JOHN ADAMS— JOHN JAY.
your Secretary does not know of any act of Congress,
whereby debts due from Americans to Britons were
either extinguished, remitted or confiscated, and, there-
fore, he concludes, that the fourth article of the treaty
must be understood, not as reviving or restoring those
debts, but as considering them to be and remain exactly
and precisely in their pristine and original state, both
with respect to extent and obligation.
If this conclusion be just, your Secretary can perceive
no ground for the singular reasonings and questions that
have prevailed, respecting the payment of the interest
claimed by British creditors in virtue of express contracts,
between them and their American debtors.
However harsh and severe the exaction of this interest,
considering the war and its effects, may appear, and be
yet the treaty must be taken and fulfilled with its bitter
as well as its sweets, and, although we were not obliged
to accept peace on those terms, yet, having so accepted
it, we cannot now invalidate those terms or stipulations,
nor with honor or justice refuse to comply with them.
Much better would it be for the United States either
severally or jointly, by their own bounty, to relieve
those suffering and deserving individuals on whom the
performance of this article may press too hard, than by
reasonings and comments, which neither posterity nor im-
partial cotemporaries can think just, to permit our national
reputation for probity, candor and good faith to be tar-
nished.
Your Secretary will conclude what he has to say on
the subject of interest with a few short remarks.
It appears to him that there are only three -cases, in
which interest can with justice be demanded ; and that,
DIPLOMATIC CORRESPONDENCE. 33
in the first of the three, the Courts of justice are not,
and ought not to be at liberty to refuse it, viz :
1. In all cases where interest is fairly and expressly
contracted and agreed to be paid. In such cases the
debtor is unquestionably bound to pay it ; and ought not
to be absolved or excused from it by any act of legisla-
tion. In the opinion of your Secretary, every legislature
deviates from the reason and limits of their institution,
when they assume and exercise the power of annulling
or altering bona fide contracts between individuals.
2. Interest may be claimed in certain cases by custom,
viz: in cases where it has long been usual for merchants
to expect, and to allow interest on debts after the stipu-
lated term and time of credit and payment has expired.
This custom in the ordinary course of things is reasona-
ble, for equity demands that he who does not pay at the
appointed day should thereafter pay interest to his cre-
ditor, as well by way of compensation for the disappoint-
ment as for the use of the money.
Whether the reason of this custom can apply in time
of war, or whether the equity of the demand of interest
in virtue of the custom, is or is not overbalanced by the
equity of refusing it by reason of the effects of the war,
are questions proper for the consideration of the jury,
and your Secretary sees nothing in the treaty to prevent
their deciding as to them shall appear just and right.
3. Interest may be demanded and is often given under
the idea of damages for wrongful and vexatious delays
of payment.
Every case of this kind must stand on its own merits
and the treaty leaves the jury at liberty to give such a
verdict as their opinion of those merits may dictate.
VOL. v.— 5
34 JOHN ADAMS— JOHN JA\.
Your Secretary will now proceed to examine the acts
complained of as infractions of this article.
The first on the list is called an act of Massachusetts
passed the 9th of November, 1784 ; but it was a resolu-
tion of the legislature rather than a formal act. As the
abridgment of it in the list of grievances may not be so
satisfactory to Congress, as a recital of it at large, your
Secretary thinks it better to report it.
Commonwealth of Massachusetts.
In Senate, November 9, 1784.
Whereas the payment of interest which might have
accrued during the late war, upon debts due from the
citizens of this or of any of the United States prior to
the commencement of the same, to real British subjects
and others, commonly called absentees, would be not only
inequitable and unjust, but the legislature of this Com-
monwealth conceive repugnant to the spirit and intend-
ment of the fourth article in the treaty of peace, which
provides only for the payment of bona fide debts, and
as the legislature have taken measures to obtain the sense
of Congress upon the said article, so far as the same
respects the payment of interest, which might have
accrued as aforesaid, and in the mean time judgments
may be obtained in some of the Courts of law of this
Commonwealth for interest accruing as aforesaid, con-
trary to the true design of the said treaty, therefore,
Resolved, That, in all actions or suits, which are, or
may be instituted or brought to any of the judicial
Courts within this Commonwealtb, wherein any real
British subject or absentee is plaintiff or defendant, and
which actions or suits by the laws thereof are sustainable
therein, the justices of the same Courts are hereby
DIPLOMATIC CORRESPONDENCE. 35
severally directed to suspend rendering judgment for
any interest that might have accrued upon the demand
contained in such actions and suits, between the 19th
day of April, 1775, and the 20th day of January, 1783,
until the third Wednesday of the next setting of the
general Court : Provided always, that if in any such
actions or suits the plaintiffs shall move for, or by default
have right judgment, then, and in such case, the justices
aforesaid shall cause judgment to be entered for the
principal sum which by the laws of this Commonwealth
such plaintiff shall be entitled to recover, and all such
interest as accrued thereon before the 19th of April, and
subsequent to said 20th day of January, and execution
shall issue accordingly; and if Congress shall hereafter
determine that interest, which might have accrued on
any bona fide debt aforesaid during the war, ought by
the treaty aforesaid, be considered as part of such debt,
then the said Courts respectively shall proceed to enter
a further judgment for the amount of all such last men-
tioned interest, without any new process, and issue execu-
tion for such further sum accordingly and all attachments
made, or bail given upon any action instituted as afore-
said, shall be holden to respond the final judgment that
may be given for the amount of such last mentioned
interest.
Sent down for concurrence.
SAMUEL ADAMS, President.
" In the House of Representatives, November 10th,
1784. Read and concurred in.
SAMUEL A. OTIS, Speaker.
Approved, JOHN HANCOCK.
' I JOHN AVERY, Jr. Sec'y.
36 JOHN ADAMS— JOHN JAY.
However this resolution may deviate from the treaty,
and perhaps from the proper jurisdiction of the legisla-
ture, yet it bears strong marks of fairness and regard to
justice.
It states their doubts on the construction of the ar-
ticle.
It does not assume the power of deciding those doubts.
It refers that question to Congress, and, although it sus-
pends judgments for interest, yet it does it impartially,
and not only in cases where British creditors are plain-
tiffs, but also where they are defendants. It also pro-
vides, that if Congress should decide in favor of interest,
then judgment and execution shall be given accordingly.
Your Secretary is, nevertheless, of opinion that this
resolution was an infraction of the said fourth article.
Because, State legislatures having no cognizance of
questions respecting the construction of treaties, can, with
no propriety, suspend their operation on account of any
fears or apprehensions which they may entertain, of and
concerning such questions.
Because, as it appertained to the courts of judicature
to decide such questions, the legislature ought not to
have restrained those courts from rendering such judg-
ments as to them appeared consistent with the treaty and
the law. For, by restraining the courts from giving
judgment for interest in cases where they would have
given such judgment, unless so restrained, the legislature
did certainly interpose a lawful impediment to the plain-
tiff's recovering what the courts were ready to adjudge
to be his right, under that article of the treaty, and their
so doing was therefore a violation of it.
The next act complained of as being contrary to this
/( 'J'j
DIPLOMATIC CORRESPONDENCE. 37
article, is one of New York, passed the 12th July,
1782, which was some months prior to the date of the
provisional articles, so that this complaint must be ill
founded, unless this act, (if inconsistent with the treaty,)
was continued and so executed, after the peace, as to
violate the treaty.
It is by no means accurately stated, as will appear on
comparing the account given of it in the list of grievan-
ces, with the act itself, which is in the following words :
" An act relative to debts due to persons within the
enemy's lines, passed 12th July, 1782."
" Whereas many of the inhabitants of this State, who
have not remained within the enemy's power, and who
were indebted to others who did so remain, are now threat-
ened with suits, and have it not in their power to recover
from those who are indebted to them and remained within
the power of the enemy :
" Be it therefore enacted by the people of the State
of New YorA:, represented in Senate and Assembly, and
it is hereby enacted by the authority of the same, that
all suits and prosecution for any debt, arising on simple
contract, bills, single or penal, or any other obligation,
mortgage, security, or demand whatsoever, due by or
from any person not within the enemy's power or lines,
that has remained with, gone into, or has, in consequence
of any law of this State, been sent within the enemy's
power or lines, already commenced, or which hereafter
may be commenced, shall be stayed until the Legislature
shall make further provision in the premises, any law to
the contrary notwithstanding.
" And whereas, it is also just and reasonable that pro-
vision should be made for the relief of such citizens of
38 JOHN ADAMS— JOHN JAY.
this State, who having received in payment of debts due
to them, paper currency, which at the time of such pay-
ment, was a legal tender, and which they might, of right,
have paid in discharge of any debts due by them, but
which it was not in their power to pay to such of their
creditors as have remained with, gone into, or were so
sent within the enemy's lines ; and which money has,
since the receipt thereof, depreciated in their hands ; —
and whereas it is impossible to apply one general rule,
to all the variety of cases, which do or may arise:
« Be it therefore enacted, by the authority aforesaid,
that in every suit or prosecution which shall be com-
menced, after the legislature shall by law have declared,
that the necessity of staying such suits or prosecutions as
aforesaid, does no longer exist, by any person who may
have remained with the enemy, gone into them, sent or to
be sent as aforesaid unto them, against any person who has
remained without the power of the enemy, it shall and may
be lawful for the court, in which such suit shall be com-
menced or prosecuted ; and the court is hereby required,
on motion of the defendant or his attorney, to appoint
three or five referees, at the option of the court, to try
the matter in controversy, and the defendant shall, and
hereby is allowed to plead before such referees, any spe-
cial matter ; and if it shall appear to the said referees, or
the major part of them, that the special matter alleged
and proved by the defendant, is of such a nature, that in
equity and good conscience, abatement ought to be made
from any sum or sums due by such defendant, the re-
ferees shall, by majority of voices, determine the quan-
tum of such abatement ; and having made their report
and award, in writing, shall return the same into court ;
DIPLOMATIC CORRESPONDENCE. 39
and the court shall thereupon give judgment, and order
execution to issue in favor of the plaintiff, for the sum so
awarded to be due to the plaintiff : Provided, that such
execution shall not be levied until the expiration of three
years next after the enemy shall be expelled from, or
shall have abandoned, the city of New York.
" And be it further enacted, by the authority afore-
said, that it shall and may be lawful for every defendant
to pay in discharge of any debt, so found due, as afore-
said, to such plaintiff as aforesaid, certificates or notes
signed by any commissioner of loans of the United States,
according to the value thereof, as settled by the conti-
nental scale of depreciation, or certificates for money due
on loan by this State, according to the value thereof, as-
certained by law.
" And be it further enacted by the authority aforesaid,
that it shall and may be lawful for any person now with-
out the power of the enemy, being a debtor to any per-
son now within the power of the enemy, at any time after
the enemy shall be expelled from, or shall have abandon-
doned the city of New York, and that the Legislature
shall have, by law, declared that such suits as aforesaid
shall be no longer stayed, to cite his creditors before any
court of law in this State, to have a settlement, and make
payment agreeably to the mode prescribed by this act;
and if the creditors shall refuse to appear and come to
trial, within two terms next after such citation, he shall
be, and hereby is, declared to be barred and precluded
from recovering his said debt, due or demand, or any part
thereof.
" Be it further enacted by the authority aforesaid, that
any subject or subjects of this State, not in the power or
40 JOHN ADAMS— JOHN JAY.
lines of the enemy, who are indebted by simple contract,
bill single, or penal, or any other obligation, mortgage,
security or demand, whatsoever, to any person or per-
sons, that have either remained with, gone into, or have,
in consequence of any law of this State, been sent within
the enemy's power or lines, for such subjects of this
State, not in the power or lines of the enemy, so indebt-
ed shall be, and hereby are, discharged from any interest
which may have become due on such contract, bill, obli-
gation, mortgage, or securities, since the first day of Janu-
ary, 1776, to the first day of January, which shall follow
next after the conclusion of the present War; any law,
usage, or custom, to the contrary notwithstanding: Pro-
vided, that nothing in this clause contained shall be
deemed to operate as a discharge of any interest which
may have accrued on any such bill, obligation, mortgage
or other security, excited since the said first day of Janu-
ary, 1776. Provided nevertheless, that no person or per-
sons shall be allowed the benefit of this act, unless he,
she or they shall first have taken the oath of abjuration,
and the oath of allegiance to this State, and shall obtain
a certificate, signed by two reputable and well affected
freeholders of this State, one thereof shall be a judge of
the Inferior Court of Common Pleas of the county in
which the person named in such certificate shall reside,
certifying that he or she is well attached to the freedom
and independence of the United States of America, and
have taken an active and decided part therein: And
provided farther, that this act shall not extend to any
debt or debts, contracted or made, or hereafter to be
made for the use of the State, for the payment of which
the faith thereof is pledged ; and provided also further,
DIPLOMATIC CORRESPONDENCE. 41
that nothing in this act contained shall be construed to
extend to any person that heretofore hath been, now is,
or hereafter shall be a prisoner with the enemy. It must
be obvious to those who carefully peruse this act, that
it neither mentions nor respects British creditors ; and
your Secretary is well informed that it never has been
construed to extend to them, but, on the contrary, it has
universally been considered as incapable of such a con-
struction. The complaint urged against it, therefore,, is
entirely without reason.
This circumstance shews the necessity of minutely
examining the facts and complaints contained in this list
of grievances.
The next in order is an act of Pennsylvania, said to
have been passed soon after the peace, to restrain the
recovery of the old debts for a given period. The one
intended is, doubtless, the following :
" An act for extending the provision made in the
seventh section of the act, entitled, " An act for the re-
peal of so much of the laws of this Commonwealth as
make the continental bills of credit, and the bills emitted
by the resolves or acts of assemblies of the said Com-
monwealth, a legal tender, and for the other purposes
therein mentioned."
" Whereas, the provision made by the act, entitled,
" An act for the repeal of so much of the laws of this
Commonwealth as make the continental bills of credit
and the bills emitted by the resolves or acts of assem-
blies of the said Commonwealth, a " legal tender" in
behalf of those persons, who, from principles of honor
and honesty, declined paying their debts with a depre-
ciated paper currency, when, they had it in their power
VOL. v.— 6
42 JOHN ADAMS— JOHN JAY.
by law so to have done, will cease on the 21st day of
June next.
" And whereas, it was deemed reasonable, at the time
of passing the aforesaid act, that such honest debtors
should not be compelled to pay their old debts, till gold
and silver money should become more plenty and easier
to be procured ; and whereas, from divers causes, it hath
actually become more scarce and difficult to be procured,
than at the time of passing the aforesaid act, and in
consequence thereof, great numbers of honest debtors as
aforesaid, will be ruined unless some further relief be
provided for them."
" Be it therefore enacted, and it is hereby enacted by
the representatives of the freemen of the Commonwealth
of Pennsylvania, in general assembly met, and by the
authority of the same, that no execution shall issue for
the principal sum due by any contract or species of con-
tract whatever, entered into before the first day of Janu-
ary, 1777 ; debts due to the State only excepted, until
one year from and after the 21st day of June next en-
suing, and from thence until the end of the next sitting
of assembly, any thing in the said act to the contrary
notwithstanding."
"And whereas divers debtors, who had contracted debts,
which, by reason of losses and misfortunes in trade they
were unable at the time to pay, have, before the said
first day of January, 1777, assigned and made over their
real estates or such parts thereof as their creditors were
willing to accept, to trustees, in trust, that the same
should be sold within a reasonable time to pay and
satisfy such debts, which said trusts have not been exe-
cuted ; and whereas, the scarcity of gold and silver hath
DIPLOMATIC CORRESPONDENCE. 43
caused the value of lands and tenements in most parts
of this State to fall vastly below the real value of the
same, and if compulsory sales were to be made of such
lands and tenements, it is probable they would fall short
of paying the debts which they were at first supposed a
sufficient security for, to the injury and oppression of
both debtor and creditor."
" Be it therefore enacted by the authority aforesaid,
that no sales shall be made by any such trustees of any
lands and tenements, which were so as aforesaid assigned
and made over to them before the said 21st day of June,
1784, and from thence until the end of the next sitting
of assembly without the consent in writing of the debtor
or assignor, or his legal representative, first had and
obtained."
" And be it further enacted by the authority aforesaid,
that no act or statute of limitation of actions, shall run
or be deemed or taken to have run at any time between
the first day of January, 1776, and the end of one year
from and after the twenty-first day of June next, upon
all debts and contracts made or entered into before the
first day of January, 1776."
" And be it further enacted, by the authority afore-
said, that, whenever it shall appear that any debt or duty
was contracted or incurred, on or before the first day of
January, 1777, and any bond, obligation or other security
hath been entered into for the payment thereof, since the
first day of January, the plaintiff who hath brought or shall
bring any suit or suits on any such bond or obligation
executed in the manner aforesaid, may proceed to judg-
ment in such action and may issue his execution for the
interest, damages and costs as aforesaid, but no execu-
44 JOHN ADAMS— JOHN JAY.
tion shall issue for the principal debt or sum, until one
year from and after the twenty-first day of June next,
as aforesaid.
" And be it also, further enacted, by the authority
aforesaid, that so much of the aforesaid act as is contrary
to this act, shall be, and the same is hereby repealed and
made void.
" Signed by order of the House.
FREDERICK A. MUHLENBURG, '
Speaker."
" Enacted a law at Philadelphia, on Wednesday, the
12th day of March, in the year of our Lord, 1783.
PETER L. LLOYD,
Clerk of the General Assembly."
To say in general terms that this act was passed
to restrain the recovery of the old debts for a given period
was rather conveying harder ideas of it, than candor
would justify ; for from this description, one would sup-
pose that the act was passed to prevent actions being
brought for a given period for the recovery of British
debts in particular, whereas the act leaves every British
and other creditor at liberty to commence and prosecute
actions to judgment, and only restrains them for a limited
time, from issuing executions for the principal sum due.
Your Secretary is, nevertheless, of opinion, that by law
to restrain for any given time British creditors from issu-
ing execution on judgments regularly obtained, is an in-
fraction of the fourth article of the treaty, and therefore, that
this act of Pennsylvania must be considered in that light.
To this act the list of grievances imputes consequences
with which it does not appear to be chargeable. " This
DIPLOMATIC CORRESPONDENCE. 45
law," it says, " operating with the fears and prejudices
of some of the inhabitants, has produced effects of the
most mischievous consequences to the British merchants;
for not only an uniform opposition has been made against
the payment of interest, but the lawyers, dreading the
resentment of some of the most violent among their coun-
trymen, have refused to engage in the recovery of these
unpopular demands," &c.
That there may have been an opposition to the pay-
ment of interest prevailing in Pennsylvania, may be true,
but the act affords no countenance to such opposition,
nor does it contain any thing to discourage or to induce
the people to discourage lawyers, from commencing ac-
tions for the recovery of debts due to British subjects.
That they may have been generally disinclined to such
actions is possible, but surely they must reason strangely,
who from the personal disinclination or refusal of lawyers
to be concerned in certain causes, can argue legal impedi-
ments to the prosecution of such causes.
The act in question was followed by another, which,
though less exceptionable, is not altogether free from ob-
jections. It passed the 23rd December, 1784, and is as
follows :
" An act for directing the mode of recovering debts
contracted before the first day of January, in the year of
our Lord 1777."
" Whereas, most of the debts contracted by the citi-
zens of this State, before the first day of January, in the
year of our Lord 1777, which yet remain unpaid, are
due and owing from persons, who, from principles of
honor and honesty, declined paying their debts in paper
currency of less value than the money in which they
46 JOHN ADAMS— JOHN JAY.
were contracted, when, by the laws of the State, they
might have so done, and it would be unreasonable that
such debtors should be compelled or compellable to dis-
charge their old debts in gold or silver money, until it
shall become more plenty, and easier to be acquired :
and whereas divers acts have been heretofore made,
giving time to such debtors to pay such debts, which
acts have expired by their own limitation, and it is rea-
sonable to provide a further term for the payment of such
debts."
" Be it therefore enacted, and it is hereby enacted by
the representatives of the freemen of the commonwealth
of Pennsylvania in General Assembly met, and by the
authority of the same, that where any judgment hath
already been, or hereafter shall be, entered in any court
of record within this State, against any citizen or inhabi-
tant thereof, either by default, or upon the confession of
the party, the report of referees, the verdict of a jury,
or otherwise, for any sum of money contracted for or due
upon any bond, specialty, bill, note, bill of exchange, or
order, assurnpsit, simple contract or otherwise, or for
rents or annuities, due or payable before the said first
day of January, in the year 1777, such court is hereby
authorized and required to ascertain the sum or sums so
due, in each respective case, and thereupon to give judg-
ment for the whole sum due, as well principal as legal
interest to the time of such judgment being obtained,
with stay of execution, nevertheless, for the respective
times hereinafter limited ; that is to say, as to one-third
part of the said principal and interest and one year's
interest thereon, and the whole cost and charges accrued
thereon, for the term of one year from and after the pass-
DIPLOMATIC CORRESPONDENCE. 47
ing of this act; as to one other third part thereof, and one
year's interest upon two-third parts thereof, with the en-
creasing costs and charges thereon, for the term of two
years from and after the passing of this act ; and as to
the remaining one-third part thereof, with one year's in-
terest thereon, and the further encreased costs and charges
thereon, for the term of three years from and after the
passing of this act, and that several executions for the
said several proportions of the said debt or damages may
and shall be issued at the request of the plaintiff or plain-
tiffs, his, her, or their executors, administrators or assigns,
if the said several proportions of the same be not paid
and discharged with interest and costs in the manner and
at the times above specified; and in all such judgments
hereafter to be entered, the stay of execution shall be
regulated in equal third parts, that is to say, the first
third part thereof, for such time as shall be equal to one-
third part of the time between the entering of such judg-
ment and the expiration of three years from the passing
of this act."
" The second third part thereof, for such time as shall
be equal to two-third parts of the time from the entering
such judgment, and the expiration of three years from
the passing of this act, and the remaining third part
thereof until the expiration of the said three years from
the passing of this act, after which time executions may,
and shall, at the request of the plaintiff or plaintiffs, his
or their executors, administrators or assigns, or any per-
son for him or them, be issued against the defendant or
defendants, his, her or their executors, administrators or
assigns, without any writ or writs of scire facias, to revive
such judgments."
48 JOHN ADAMS— JOHN JAY.
" And be it further enacted by the authority aforesaid,
that all process and proceeding upon any writs of execu-
tion now issued and in the hands of any sheriff or other
officer within this State, founded upon judgments obtained
for any such debts, due before the first day of January,
in the year of our Lord, 1777, shall be stayed and the
sheriffs and other officers are hereby forbid to proceed
therein, if the defendant .or defendants in such writ named,
or some person for him or them shall tender and pay to
such sheriff or other officer the amount of the interest of
such debt, and the costs and charges accrued thereon, at
any time before actual sale of the goods and chattels,
lands and tenements, taken in execution and shall give
security that the goods and chattels, if such be taken in
execution upon such writs shall be forthcoming in equal
plight and of equal value at the expiration of one year
from the passing of this act, and satisfy such debts or
damages as in the said writs are specified."
" And whereas, divers persons have assigned and made
over their estates, or some parts thereof, to trustees, to
be sold for the satisfaction of debts contracted before the
said first day of January, 1777, and it is reasonable to
allow to such assigning debtors the benefit of the terms
herein before allowed to other debtors for discharging
their old debts:"
" Be it therefore enacted, and it is hereby enacted by
the authority aforesaid, that no assignee or assignees in
trust of the estate of any debtor whose debts were con-
tracted, and the assignment to secure the same was made,
before the said first day of January, 1777, shall have
power to sell or expose to sale, any part of the lands or
tenements so to them or him assigned, for the purpose of
DIPLOMATIC COKRKSPONDENCE. 49
raising money to pay such debts, within the term of
three years from the passing of this act, without the con-
sent of such assigning debtor, to be expressed in writing,
or by his signing as a witness or a party to the deeds of
conveyance of the same."
" Provided always, nevertheless, that nothing contained
in this act shall be taken or construed to affect the reco-
very of any debt due to this State or to the United
States, and that if any defendant or defendants, or any
assigning debtor or debtors as aforesaid, are not or shall
not be seized in his or their own right, of a real estate
sufficient to satisfy beyond reprisals, all his, her or their
debts, and shall be about to depart this State without
securing the same, then and in such case, it shall and
may be lawful to and for all and every plaintiff and
plaintiffs, creditor and creditors, assignee or assignees, to
sue out executions and proceed to sale of all their goods
and chattels, lands and tenements, to satisfy such debts,
in the same manner as he or they could have done the
same if this act had never been passed, any thing herein
contained to the contrary notwithstanding.
" And provided also, and be it further enacted by the
authority aforesaid, that this act nor any thing therein
contained, shall not extend or be construed to extend to
any debt or debts which were due before the fourth day
of July, 1776, by any of the citizens of this State, to
any of the subjects of Great Britain.
" Signed by order of the house.
JOHN BAYARD, Speaker.
" Enacted into a law, at Philadelphia, on Thursday the
23rd day of December, in the year of our Lord, 1784.
SAMUEL BRYAN,
Clerk of the General Assembly."
VOL. v.— 7
50 JOHN ADAMS— JOHN JAY.
It is to be observed that this act applies generally to
all debts contracted prior to the 1st January, 1 777, and
that the proviso in favor of British creditors only prevents
its extending to such debts to British subjects, as were
due before the 4th day of July, 1 776 ; so that the law
is left to operate on all debts to British subjects which
became due between 4th July, 1776, and 1st January,
1777. This discrimination in those debts, appears to
your Secretary to be inconsistent with the treaty, and
the more so, as debts which became due in the course of
that interval, might have been, and many of them doubt-
less were, contracted at a much more early date, and
before actual war had taken place between the two
countries.
Inasmuch, therefore, as this act creates lawful impedi-
ments to the recovery of those debts to British subjects
which became due or payable after the 4th July, 1776,
your Secretary thinks it does, in that respect, contravene
the 4th article of the treaty.
Maryland is mentioned in the list of grievances as
having violated the treaty, by acts relative to debts due to
British subjects, but no specific complaint or charge is
urged against her, nor is any one of her acts named as
liable to that imputation or construction.
Against Virginia, the list of grievances contains
pointed complaints. It states that many British mer-
chants had sent agents and factors to Maryland and Vir-
ginia, to collect their debts, &c. &c. and that the Go-
vernor of Virginia, on the 2d July, 1783, issued (what
the complainants call) an edict, but in fact a proclama-
tion, ordering, as they say, "all the British agents and
factors who had arrived in that State, forthwith to depart
the same."
DIPLOMATIC CORRESPONDENCE. 51
This is not a candid representation of that proclama-
tion. It is as follows :
" By his Excellency, Benjamin Harrison, Esq. Go-
vernor of the commonwealth of Virginia,
" A PROCLAMATION.
" Whereas, by reason of the late suspension of hos-
tilities between the United States and his Britannic Ma-
jesty, and an abuse of those indulgencies granted to
British commerce at the last session of the General As-
sembly, many evil disposed persons, still obnoxious to the
laws of this commonwealth, have found means to intro-
duce themselves into the same: and whereas, it is probable
many others will follow their example, to the disturbance
of the peace and harmony of the State, unless speedily
prevented by a vigorous execution of the law. I have
therefore thought, with the advice of the Council of
State, to issue this my proclamation, hereby commanding
all such persons as have either voluntarily left this coun-
try and adhered to the enemy since the 19th April, 1775,
or have been expelled the same, by any act of the legis-
lature or order of the executive, or such natives who
have at any time borne arms in the service of the enemy
against this commonwealth, and have since returned
without being authorized by law so to do, forthwith to
depart the State. And I do further hereby strictly in-
hibit the return, as well of those, as all others coming
within the like description, until the determination of the
legislature on this subject can be known. And to the
end that this proclamation may have its full effect, 1 here-
by enjoin and command all officers, civil and military,
52 JOHN AUAMS— JOHN JAY.
within this commonwealth, and all others concerned, to
pay due obedience thereto.
" Given under my hand and seal of the Commonwealth
in the council chamber the 2d day of July, 1783.
"BENJAMIN HARRISON."
They who read this proclamation, cannot easily avoid
observing that it has no relation to British agents and
factors considered as such, but only to persons of certain
descriptions, whose residence in Virginia was inadmissible
by the laws then existing, and who, while so circum-
stanced ought not to have gone or been sent there either
as factors or in any other character.
It is also certain that this proclamation was issued
on the 2d July, 1783, and that the treaty of peace was
not ratified by either of the parties until the following
year.
It is very extraordinary, therefore, that considering its
contents and date, this proclamation should be viewed by
any candid eye as an infraction of the 4th or any other
article of the treaty ; especially too, as the complainants
knew and do admit that in November, 1783, and before
the treaty was ratified, " the legislative body of Virginia
removed the restriction."
They further complain that although the said agents
and factors have since remained unmolested, yet, that
" no permission whatever has been given, either to mer-
chants acting for themselves or to agents or factors acting
for employers in Britain, to recover any part of the debts
or property left in the country in the year 1775," but
they do not particularize the acts of Virginia which
impose the restrictions they complain of.
DIPLOMATIC CORRESPONDENCE. 53
Your Secretary nevertheless, believes that fact to be
as they represent it, for he finds it standing admitted by
the Assembly of Virginia in resolutions they passed on
the 22d June, 1784, viz:
"Virginia to wit:
" In General Assembly the 22d of June, 1784.
" It appearing to the General Assembly from a letter
from his Excellency General Washington, date the 7th
day of May, 1783, that, in obedience to a resolu-
tion of Congress, he had a conference with General
Carleton on the subject of delivering up the slaves and
other property belonging to the citizens of the United
States, in compliance with the articles of the provisional
treaty, that he, (General Carleton) appeared to evade
a compliance with the said treaty by a misconstruction of
the same, and permitted a large number of the said slaves
to be sent off to Nova Scotia. It further appearing to
the General Assembly, from the testimony of Thomas
Walke, Esquire, that he, together with several other
persons from the counties of Norfolk and Princess Anne,
in or about the month of April, 1783, went to New
York with a view of recovering the slaves which had
been taken from them by the British troops during the
war, that not being permitted to take possession of those
slaves which they found in that city, the said Walke made
a personal application to General Carleton and requested
a delivery of the said slaves in compliance with the 7th
article of the treaty, which prohibits the carrying off
negroes or other property belonging to the inhabitants
of the United States; this he peremptorily refused,
alleging that he was not authorized to do it without
54 JOHN ADAMS— JOHN JAY.
particular instructions from the British Government ; that
at the time of this application the said Walke was informed
by an aid-de-camp of General Carleton that an agent was
appointed to superintend the embarcation and keep a
register of slaves sent to Nova Scotia, and that he after-
wards saw the said register and also saw a large number
of negroes embarked to be sent to that country.
" It further appearing to the general assembly, from the
testimony of Mr. John Stewart, of the State of Mary-
land, as well as from a variety of other circumstances,
that many applications were made to general Carleton
by citizens of America, for the restitution of property,
which were invariably rejected.
" Resolved, that there has been an infraction on the
part of Great Britain, of the seventh article of the treaty
of peace between the United States of America and
Great Britain, in detaining the slaves and other property
of the citizens of the United States.
" Resolved, that the delegates representing this State
in Congress, be instructed to lay before that body, the
subject matter of the preceding information and resolu-
tion, and to request from them a remonstrance to the
British court, complaining of the aforesaid infraction of
the treaty of peace, and desiring a proper reparation of
the injuries consequent thereupon, that the said delegates
be instructed to inform Congress that the general assem-
bly has no inclination to interfere with the power of
making treaties with foreign nations, which the confede-
ration hath wisely vested in Congress, but it is conceived
that a just regard to the national honor and interest of
the citizens of this commonwealth obliges the assembly
to withhold their co-operation in the complete fulfilment
DIPLOMATIC CORRESPONDENCE. 55
of the said treaty, until the success of the aforesaid re-
monstrance is known, or Congress shall signify their senti-
ments touching the premises.
" Resolved, that so soon as reparation is made for the
aforesaid infraction, or Congress shall judge it indispen-
sably necessary, such acts of the legislature passed during
the late war, as inhibit the recovery of British debts,
ought to be repealed and payment thereof made in such
time and manner as shall consist with the exhausted
situation of this commonwealth."
Extract from the journal of assembly.
JOHN BECKLEY, Clk. H. D.
Inasmuch, therefore, as laws of Virginia, existing in
force after the peace, did inhibit the recovery of British
debts, there can be no doubt but that such inhibition was,
and is an infraction of the fourth article of the treaty.
Whether that infraction was justifiable, or, in other words,
whether the reasons assigned for it in the preamble to
those resolutions were good and sufficient, shall be con-
sidered under a distinct head.
As to the bill said to have passed the legislature of
Virginia in October, 1784, the complainants admit, that
it never became a law, and therefore, it is, and ought to
be, entirely out of the question.
North Carolina is classed with Virginia in such a man-
ner as to infuse an idea of her having given occasion to
similar complaints, but not a single charge being specified
or stated against her, there is reason to presume that she
had not given just cause for complaint.
Whether that is or is not in fact the case, your Secre-
try is uninformed, not having as yet been able to procure
a copy of the acts of North Carolina.
56 JOHN ADAMS— JOHN JAY.
Of South Carolina, the list of grievances complains
in strong and pointed terms. It takes particular notice of
an ordinance passed there the 26th March, 1784, viz:
" An ordinance respecting suits for the recovery of
debts.
" Be it ordained by the honorable the Senate and
House of Representatives^ met in General Assembly,
and by the authority of the same, that no suit or action
shall commence either in equity or at law, for the recove-
ry of any debt, or bond, note or account, contracted by a
citizen of this or any of the United States, previous to the
26th day of February, in the year of our Lord 1782,
until the first day of January next, after which time it
shall and may be lawful to and for any person and all
persons to sue for and recover all interest which shall
have accrued since the first day of January, 1780, on
all bonds, notes, or other contracts bearing interest: pro-
vided, nevertheless, that nothing herein contained shall
be construed to extend to prevent any creditor from suing
for and recovering all interest accruing upon bond or
notes, since the 26th day of February, 1782.
" And be it further ordained by the authority aforesaid,
that it shall and may be lawful for any person and all
persons to whom any debt shall be due as aforesaid, to
sue for and recover, after the first day of January, which
will be in the year of our Lord 1786, all such other in-
terest as may be then due on such debt, and the fourth
part of the principal debt which shall be owing to him,
her, or them, and from and after the first day of January
which will be in the year of our Lord 1787, one other
fourth part of the principal debt, with the interest which
shall have accrued thereon ; and from and after the first
DIPLOMATIC CORRESPONDENCE. 57
day of January which will be in the year of our Lord
1 788, one other fourth part of the principal debt, with
the interest which shall have accrued thereon ; and from
and after the first day of January, which will be in the
year of our Lord 1789, the balance which may be then
due and owing: provided, nevertheless, that if any per-
son, who shall be indebted as aforesaid, shall, after a no-
tice of ten days, refuse to give security to his creditor
(which notice shall be proved by such creditor on oath,
before any justice of the peace) for the payment of such
sum or sums of money as may be due and owing to him,
to be approved of by one of the judges of the Court of
Common Pleas, if in Charleston district, and by a commis-
sioner for taking special bail, if in any of the circuit court
districts ; that in such case, it shall and may be lawiul
for the creditor to sue for the said debt and to proceed
to execution, which execution may be levied, and the
property so seized, be sold, if the debtor shall refuse to
give the security hereby required, and pay the costs of suit.
" And be it further ordained by the authority afore-
said, that all moneys which shall be due on such open
accounts, as are restrained by this ordinance from being
sued, shall bear an interest of seven per cent, per annum,
from the passing of this ordinance.
" And be it further ordained by the authority aforesaid,
that all bonds or other securities which have been given
since the 26th day of February, in the year of our Lord
1782, for debts contracted previous to that day, ex-
cept bonds or notes which have been taken for inter-
est due since that time, shall be and the same are
hereby declared to be no otherwise recoverable, than
other debts for which securities have not been given.
VOL. v.— 8
58 JOHN ADAMS— JOHN JAY.
" And be it further ordained by the authority afore-
said, that no seizure shall be made of any property
which may have been mortgaged previous to the 26th
day of February, in the year of our Lord 1782: pro-
vided the person whose property has been mortgaged,
shall pay the principal and interest of the debt for
which the said property has been mortgaged, at such
periods as are required by this ordinance ; and on failure
thereof, the said mortgaged property may be taken and
held by the person to whom the same has been so
mortgaged, until the payment shall be made as afore-
said.
" In the Senate house the 26th day of March, in the
year of our Lord 1784, and in the eighth year of the
independence of the United States of America.
« JOHN LLOYD,
President of the Senate.
" HUGH RUTLEDGE,
Speaker of H. of Representatives."
The most cursory comparison of this ordinance, with
the 4th article of the treaty, will point out the direct op-
position that exists between them.
The. list of grievances also states, with much particu-
larity, an act of South Carolina which it says was passed
12th October, 1785, and entitled " An act for regulating
sales under execution and for other purposes therein men-
tioned, whereby a debtor, during any period of a suit that
has been or may be commenced, is allowed to tender
land in payment of his debt, &c."
Your Secretary has not been able to procure a copy of
this act.
DIPLOMATIC CORRESPONDENCE. 59
If the account given of it in the list of grievances be
accurate, it certainly is a singular act, and a plain viola-
tion of the 4th article, which expressly stipulates for the
recovery of the full value in sterling money of all bona
Jide debts, &c. In the same light must be viewed the
pleas (if adjudged good ones) of former tenders in de-
preciated paper in bar of the demands of British creditors.
The list of grievances, in a summary manner, charges
Georgia with having passed laws and regulations similar
to those in South Carolina, and with degrees of peculiar
and manifest aggravation.
But as none of these laws or regulations are specified,
and, as your Secretary has not the acts of Georgia, "he
cannot decide how far these complaints against her are
well founded or otherwise.
It is much to be wished that the executive of each
of the States could be prevailed upon at the conclusion
of every session to transmit to Congress copies of all the
acts passed by the legislature during the course of it, or
that Congress would be pleased to direct that such copies
be regularly purchased and sent to them at the public
expense.
There are other matters mentioned in the list of
grievances, relative to the performance of the 4th article,
which merit some consideration. They may be comprised
under two heads.
1. Popular and improper opposition to the recovery of
debts.
2. The payments in paper made into State treasuries,
on account of debts due to British creditors, pursuant to
certain acts of some of the States requiring or authorizing
the same.
(JO JOHN ADAMS— JOHN JAY.
With respect to the first of these, your Secretary
thinks the following observations are applicable to such
cases when and wherever arising.
Although popular reluctance and opposition to pay
debts may, and probably does, in some instances retard
and embarrass the recovery of them, yet, while the course
of justice continues steadily to bear down that opposition
and to execute the laws with punctuality and decision,
such vanquished opposition rather does honor than dis-
credit to the government : and therefore, however incon-
venient and temporary, commotions or improper combi-
nations may have been, yet the vigorous and effectual
interposition of government must forever acquit it of
blame. But, if, from the imbecility and relaxation or
from the connivance of government, it should so happen
that the ordinary course of justice becomes and continues
so obstructed, as that foreigners, claiming the benefit of
treaties with the United States, cannot avail themselves
of rights secured to them by such treaties, then, in his
opittion, the delinquent State cannot be without blame.
For, as every government is, and must be presumed to
have sufficient power and energy to exact from its own
citizens a compliance with their own compacts and stipu-
lations, a failure or omission to do it, will naturally be impu-
ted to the want of inclination and not to the want of means.
Whenever such cases happen, they must excite the no-
tice of Congress, to whom it appertains to see that national
treaties be faithfully observed throughout the whole ex-
tent of their jurisdiction.
Your Secretary does not think himself warranted by
arty facts which have hitherto come to his knowledge, to
apply these principles against any of the States. For,
DIPLOMATIC CORRESPONDENCE. 61
although the list of grievances complains "that so great
and general are the obstructions to the recovery of debts,
that in several districts remote from Charleston the courts
have been prevented by tumultuous and riotous proceed-
ings from determining actions of debt," yet, it neither
informs us whether this was a singular or common case,
nor whether the government did or did not interpose and
re-establish good order. The presumption is, that the
government did what they ought to have done, and he
thinks such must continue to be the presumption until
well authenticated facts shall declare it to be ill founded.
Your Secretary does not experience much difficulty
in forming a judgment of what is right, relative to the
payments made into some of the State treasuries by
debtors to British creditors, in pursuance of certain State
acts requiring or authorizing the same.
From the principles stated in the preceding part of
this report, your Secretary infers, that the treaty of
peace does consider the debts mentioned in the fourth
article as being exactly in their original state of obliga-
tion and extent, leaving the contracts on which they de-
pend to be executed, according to the tenor, true intent,
and meaning of them. If so, British creditors have no
sort of concern with any payments (made on account of
the debts due to them) other than such as they either
accepted, directed or approved ; for, in relation to the
creditor, all such payments are as if they had never been
made, and he is justifiable in proceeding against his
debtor accordingly. But between the debtor, so paying
into a State treasury, and the State directing, inviting or
authorizing him to do it, an account should be opened,
and the State is, in your Secretary's opinion, bound in
62 JOHN ADAMS— JOHN JAY.
justice to repay him the then real value of such money
as he so put it into the treasury, together with lawful
interest for the use of it.
But violations of the fourth article are not the only
ones alleged in the list of grievances. It expressly charges
that as little respect has in certain instances been paid to
the fifth and sixth articles. Of these in their order.
The fifth article is in these words : " It is agreed that
Congress shall earnestly recommend it to the legislatures
of the respective States to provide for the restitution of
all estates, rights and properties which have been confis-
cated, belonging to real British subjects, and also of the
estates, rights and properties of persons resident in dis-
tricts in possession of his Majesty's arms, and who have
not borne arms against the said United States; and that
persons of any other description shall have free liberty
to go to any part or parts of the thirteen -United States,
and therein to remain twelve months unmolested, in their
endeavors to obtain the restitution of such of their es-
tates, rights and properties as may have been confiscated;
and that Congress shall also earnestly recommend to the
several States, a reconsideration and revision of all acts
or laws respecting the premises, so as to render the said
acts or laws perfectly consistent, not only with justice
and equity, but with that spirit of conciliation, which, on
the return of the blessings of peace, should universally
prevail ; and that Congress shall also earnestly recom-
mend to the several States, that the estates, rights and
properties of such last mentioned persons, shall* be re-
stored to them, they refunding to any persons who may
now be in possession, the bona fide price (where any has
been given) which such persons may have paid, or pur-
DIPLOMATIC CORRESPONDENCE. 63
chasing any of the said lands, rights or properties, since
the confiscation.
And it is agreed, that all persons who may have any
interest in confiscated lands, either by debts, marriage
settlements or otherwise, shall meet with no lawful impe-
diment in the prosecution of their just rights."
The complainants insist that South Carolina has violat-
ed this article, and in the following instances, viz :
1. That certain persons were permitted to go there to
obtain the restitution of their rights and properties, and
that the purposes for which they went were frustrated
by a suspension of the courts of justice. That they
were compelled to depart by a public notification from
the Governor, after having been at considerable expense
of time and money in a delusive pursuit. That during
their stay, they experienced great personal insult and
abuse.
Who these persons were, may be conjectured from the
purposes for which they went to South Carolina. They
went to obtain the restitution of their rights and proper-
ties, and were probably of the number of those who
were objects of a certain act passed there the 26th Feb-
ruary, 1782, entitled " an act for disposing of certain
estates and banishing certain persons therein mentioned."
It should be remembered that this act was passed during
the war.
An examination of it, and of some subsequent acts,
will tend to shew how far the complaint of these persons
is well founded.
This act divides the persons intended to be affected
by it into classes.
The first class was composed of persons who were
64 JOHN ADAMS— JOHN JAY.
known to be subjects of his Britannic Majesty. Their
names are mentioned in a schedule annexed to the act
which is distinguished by list No. 1.
No personal offences are imputed to them, and national
reasons are assigned for divesting them of their property,
real and personal, "debts excepted," for the use of the
State.
The second class was composed of persons who, owing
alkgiance to the State, refused to take an oath professing
the same.
The third class consisted of persons who, owing alle-
giance to the State, had, in 1779, taken up arms with
the enemy, and having, by proclamation, been required
by name, to surrender themselves by a given time, did
not obey.
The act divests them of their estates, with exception,
however, of such as had returned and borne arms in de-
fence of the State before the 27th September, 1781.
The fourth class (named in list No. 2) had withdrawn
themselves from their allegiance, and congratulated the
enemy's leaders on the reduction of Charleston.
The fifth class, (named in list No. 3) had withdrawn
from their allegiance, and requested to be embodied and
to be permitted to serve as royal militia.
The sixth class, (named in list No. 4) had, in viola-
tion of their duty to the State, and with circumstances
aggravating the impropriety of such conduct, congratu-
lated Earl Cornwallis on his success, and gloried in the
blood of their countrymen shed by the enemy.
The seventh class, (named in list No. 5) held, or had
held, commissions in the enemy's service, in defiance of
an act of the State declaring such offences to be capital.
DIPLOMATIC CORRESPONDENCE. 65
The eighth class, (named in list No. 6) had manifest-
ed their attachment to the British government, and their
inveteracy to the State.
The act divested the seven last classes of their estates,
and banished all those whose names are mentioned in lists
No. 2, 3, 4 and 5.
From this act, compared with the case of the com-
plainants, as stated by themselves, it may fairly be infer-
red that they are not British subjects, for none of that
character are banished by the act.
During the course of the same session, viz : 1782,
an act was passed entitled " an act for pardoning the per-
sons therein described, on the conditions therein men-
tioned." The preamble is in these words : "Whereas,
many persons, inhabitants of, and owing allegiance to
this State, some of them having signed congratulatory
addresses to Sir Henry Clinton and Mariot Aburthnot,
Esq. and to the Earl Cornwallis, on the successes of his
Britannic Majesty's arms in this country, and others
having borne commissions under the British government,
are excepted by the Governor's proclamation bearing date
on or about the 27th September last, from pardon for
those offences ; and whereas, some of the said persons
have surrendered to the justice and submitted themselves
to the mercy of their country ; and whereas, many per-
sons, who would have been entitled to the benefit of the
said proclamation, had they returned to their allegiance
before the expiration of the time limited for the same,
did neglect to surrender themselves, but have, since the
17th day of December, withdrawn from the enemy and
borne arms in defence of this State, and the Legislature,
moved with compassion, are willing to grant them pardon
VOL. v.— 9
66 JOHN ADAMS— JOHN JAY.
on conditions which may in some degree atone for those
offences."
The act then proceeds to charge them with the pay-
ment (within six months) of ten per cent on the amount
of their estates, and thereupon to grant a full pardon to
them all, excepting only such as were or might be ac-
cused of counterfeiting money, plundering, robbery,
house-burning, house-breaking, or murder. It also par-
dons all such as had borne arms with the enemy and had
come out since the 17th day of December, and who had
no estates ; it, however, bound them over to the next
session, and required that they should either do nine
months duty in the militia, or enlist in the continental
service.
Although this merciful and humane act comprehend-
ed a large number of persons, yet it seems that the
complainants were either not included in it, or have
failed to comply with the terms it required.
On the 6th March, 1783, an act was passed to alter
and amend the act entitled an act for disposing of cer-
tain estates and banishing certain persons therein men-
tioned. This act also bears strong marks of temper and
humanity. The preamble recites, "That whereas, in
and by the 16th section of the said act, it is enacted
' that instead of inflicting capital punishment on such
persons, they should be and they are thereby to be for-
ever banished from the said State ; and if any of the said
persons should remain in the State forty days next after
the passing of the said act, or should return to this State,
the Governor or Commander-in-chief, for the time being,
is thereby authorized and required to cause the persons
remaining in or returning to the State, to be apprehended
DIPLOMATIC CORRESPONDENCE. 67
and committed to jail, there to remain without bail or
main prise until a convenient opportunity should offer of
transporting the said person or persons from this State to
some part of his Britannic Majesty's dominions, which
the Governor or Commander-in-chief, for the time being,
is thereby required to do. And if any of the said per-
sons should return to this State, after such transportation,
then, and in such case, he or they should be adjudged,
and they are thereby declared to be guilty of felony, and
should, upon conviction of the offence of having return-
ed as aforesaid, suffer death, without the benefit of clergy.
" And whereas, notwithstanding the said act, on the
evacuation of the garrison of Charleston by the British
forces, on the 14th day of December last past, many
persons, whose names are mentioned in the lists annexed
to the said act, relying on the lenity of the American
government and the mercy of their fellow-citizens, did
remain and continue in Charleston, and have surrendered
themselves to the custody of the sheriff of Charleston
District, and have been confined by virtue of, and in
pursuance of the said recited act, in the common jail of
Charleston District."
" And whereas, such persons have severally preferred
their humble petitions to the Legislature of the said State,
asserting their innocence of any of the crimes imputed
to them and praying for a trial and full examination of
their conduct ; which petitions have been received and
are referred to proper committees by both Houses of the
Legislature."
"And whereas, it is considered unnecessary in such
cases to carry the said in part recited act into a full-and
strict execution with respect to the close imprisonment
68 JOHN ADAMS— JOHN JAY.
and sale of the effects of the said persons as aforesaid,
surrendering and submitting themselves. And the Legis-
lature, with its accustomed lenity, hath resolved to admit
bail for such persons to be taken to enforce their appear-
ance at a future day, when the merits of their petitions
shall have been decided on."
The act accordingly admits them to bail and suspends
the further sale of their estates until their cases should
be finallv decided on.
To this act there is annexed, " a list of persons on the
confiscation bill, who have petitioned and whose cases
have been favorably determined in the Senate, and
others who have been favorably reported on in the House
of Representatives."
This list contains above seventy names.
The complainants however, seem not to have been of
that description.
In the same session another good natured act was
passed which among other things provided, " that the
household furniture, plate, linen, wearing apparel, car-
riages and carriage horses, with such negroes, as were
generally attendant upon the family of those persons,
who were described in the confiscation act, should be
allowed to them."
Your Secretary takes notice of this act because it
indicates a degree of humanity in the legislature, which
considering the outrages committed in that State is
remarkable.
On the 17th March, 1783, an ordinance was passed
for disposing of the estates of certain persons and for
other purposes therein mentioned.
It recites " that many of the former citizens of the
DIPLOMATIC CORRESPONDENCE. 69
State, in violation of their allegiance, had withdrawn them-
selves and joined the enemy."
It confiscates the estates of such persons. It directs
the commanding officers of the several regiments of
militia to return the names of such persons to the com-
missioners within three months.
With great regard for justice and fairness, it permits
such persons to return to the State within six months after
the end of that session, to take their trial, and declares
the ordinance void as to such of them as should be ac-
quitted.
If the complainants were of the class mentioned in this
act, they either neglected the means it prescribes for them
to manifest their innocence, or they failed in doing it.
On the 26th March, 1784, an act was passed, which,
in the opinion of your Secretary, places the magnanimity
and moderation of the State in so distinguished a point
of light, that it ought to be inserted at large in this re-
port.
" An act for restoring to certain persons therein men-
tioned, their estates, both real and personal, and for per-
mitting the said persons to return to this State, and for
other purposes therein mentioned.
" Whereas, by an act, entitled, "An act for disposing
of certain estates, and banishing certain persons therein
mentioned," the estates of such persons were confiscated
and forfeited to the use of this State, and whereas, the
United States, in Congress assembled, have earnestly
recommended to the several States to reconsider and
revise their laws regarding confiscation, so as to render
the said laws perfectly consistent, not only with justice
and equity, but with that spirit of conciliation, which, on
70 JOHN ADAMS— JOHN JAY.
the return of the blessings of peace, should universally
prevail, Be it enacted by the honorable the Senate and
House of Representatives, in general assembly met, and
by the authority of the same, that all and every the
estate and estates, both real and personal, of the several
persons whose names are mentioned in the list, No. one,
hereunto annexed, and which estates have not been sold
by the commissioners of forfeited estates, is, and are, and
shall be, taken from, and divested out of the commission-
ers appointed by the said act for disposing of the said
estates, is hereby restored to, and revested in, the several
persons respectively mentioned in the said list, number
one, and to the heirs of each and every of them in the
same manner, and for the same use and behoof as each
and every of the said persons were seized or possessed
of the same, before the passing of the said act."
" And be it further enacted by the authority aforesaid,
that all and every of the said person and persons men-
tioned in the lists, numbers one, two and three, be allow-
ed and permitted to return to, and reside in, this State,
and every part, clause, matter and thing in the said act
contained respecting the banishment of the said persons,
and the disposal of their estates for the use of this State,
except such parts thereof as have been sold by the com-
missioners of forfeited estates, be, and the same is here-
by repealed ; Provided always, and be it further enacted
by the authority aforesaid, that the persons named in the
lists, number one and three, their attorneys or agents,
where their estates have not been sold, should make a
true and just return to the said commissioners, on oath
or affirmation, of all their estates, real and personal,
within four months next after the passing this act, and
DIPLOMATIC CORRESPONDENCE. 71
that the said commissioners shall cause an assessment of
twelve per cent, to be rated on the just and real value of
such estates, which assessment shall be paid by the said
persons to the said commissioners, in specie, on or before
the 1st day of March, 1785, and on their failing so to
do, the said commissioners shall cause such assessment
to be levied and paid into the treasury for the use of
this State, and that the said assessment shall be rated
and levied in the mode prescribed by the amercement
act, with respect to the amercement thereby imposed,
and where their estates have been sold, twelve per cent,
shall be deducted from the amount of sales thereof, and
that the commissioners of confiscated estates shall be
allowed a commission of two pounds per centum."
" And be it further enacted by the authority aforesaid,
that all and every estate and estates, both real and per-
sonal, of the several persons whose names are mentioned
in the list number two, hereunto annexed, where the
same is not yet sold, shall be taken from and divested out
of the said Commissioners, and their heirs, as aforesaid,
and every such estate is hereby restored to, and revested
in, the several persons respectively mentioned in the said
list number two, and to the heirs of each and every of
them, in as full and ample a manner as hath been ex-
tended to the persons and their heirs comprehended in
the list number one ; and that all and every persop and
persons mentioned in said list, number two, be allowed
and permitted to return to, and reside in, this State, and
that they, or any of them, shall not be liable or subject
to any amercement whatsoever; and every part, clause,
matter and thing in the said act contained respecting the
banishment of the said persons and the disposal of their
72 JOHN ADAMS— JOHN JAY.
estates, where any such estate hath not, and is not already
sold by the commissioners aforesaid, for the use of this
State, be and the same is hereby repealed."
" And be it further enacted by the authority aforesaid,
that in all and every case wherein the estate of any of
the said persons hath been sold by the said commission-
ers, and the purchaser shall be unwilling to give up the
purchase to such original proprietor, then it shall and
may be lawful for the commissioners of the treasury, or
the commissioners of forfeited estates, and they are
hereby authorized and required to pay on demand, to
every person, respectively, in the said list, numbers one,
two and three comprehended, all such indents and specie
as they, the said treasurers and commissioners have or
may receive from the said purchasers. And in all and
every case where such purchaser shall agree to give up
his purchase to any original proprietor in the said three
lists comprehended, (which proprietor shall be obliged
to accept the said relinquishment) then, in that case, the
commissioners of the treasury and the commissioners of
forfeited estates, as the case may be, are hereby autho-
rized and required to give up and restore to every such
purchaser his bond and other security given for the pur-
chase ; Provided always, that all and every person in
the said lists, numbers one, two and three comprehended,
shall be liable and subject to pay all commissions and
charges which may be due to the commissioners of
forfeited estates or others acting under their authority.
And in any instance where the negroes or other property
of any person hereby subject or liable to amercement
hath been sold or taken, or moneys have been received
by virtue of any law or public authority of this State,
DIPLOMATIC CORRESPONDENCE. 73
the price for which such negroes were sold, and the
value of such other property, and money received as
aforesaid, shall be allowed in discount of their amerce-
ment, respectively.
" And be it further enacted by the authority aforesaid,
that the several persons whose names are contained in
the list, number three, and all such on the list number
one, who held military commissions at any time during
the war, be disqualified from being elected Governor,
Lieutenant Governor, member of the Privy Council or
of either branch of the Legislature, or of holding any
office or place of trust within, or under the authority of,
this State, for and during the term of seven years."
" And whereas, several persons have applied to the
Legislature to be relieved from the penalties of an act
entitled an act for amercing certain persons therein
mentioned, whose petitions were referred to a committee
of each branch of the Legislature,
" Be it therefore enacted, by the authority aforesaid,
that as much of the said act as respects the several per-
sons favorably reported on, in either House, shall be,
and the same is hereby repealed."
" And that, the operation of the said act shall be sus-
pended as to the remainder of the said persons therein
mentioned until the end of the next meeting and sitting
of the Legislature."
" And be it further enacted by the authority aforesaid,
that Nathaniel Russell, William Roach, James Wright,
Peter Prow and Andrew Keigler, be, and they are
hereby exempted from all pains, penalties and forfeitures
of an ordinance of the General Assembly passed the
VOL. v.— 10
74 JOHN ADAMS— JOHN JAY.
17th day of March, 1783, entitled an ordinance for the
disposing of the estates of certain persons, subjects and
adherents of the British government, and for other pur-
poses therein mentioned."
In the same spirit of humanity, the Legislature after-
wards, viz: the 19th March, 1785, passed a benevolent
act, entitled " an act to afford a maintenance to the per-
sons therein mentioned," and is as follows, viz:
" Whereas, it is but consistent with justice and humani-
ty that a suitable maintenance should be made to the
widows and orphans of the following persons, whose
whole estates are under confiscation."
" Be it therefore enacted by the Honorable the Senate
and House of Representatives, now met and sitting in
General Assembly, and by the authority of the same,
that the plantation or tract of land on Reaburns creek
containing two hundred acres, late the property of Andrew
Cunningham, whereon he formerly lived, and not sold
by the commissioners of forfeited estates, shall be, and
the same is hereby vested in Margaret Cunningham
(relict of the late Andrew Cunningham) and her chil-
dren by the said Andrew Cunningham, now alive, their
heirs and assigns forever."
" Be it enacted by the authority aforesaid that all those
two plantations, or tracts of land situated in the neigh-
borhood of Ninety six, late the property of Culbert
Anderson, containing in the whole four hundred and
forty-one acres, and which were sold to Captain Richard
Pollard in July, 1783, but the terms of sale not com-
plied with, shall be, and the same are hereby vested in
Mary Anderson (relict of the late Culbert Anderson) and
DIPLOMATIC CORRESPONDENCE. 75
her children by the said Culbert Anderson, now alive,
their heirs and assigns forever. She paying the sur-
veyor's fees and contingent charges on the sale."
" Be it enacted by the authority aforesaid, that those
two tenements or lots of ground late the property of Ed-
wards Oats, situate in Colleton square, the one seventy-
five feet front, and one hundred feet deep ; the other,
thirty feet front, and seventy-five feet deep, with eleven
acres of land, more or less, on Daniel's Island, shall be
and the same are hereby vested in Elizabeth Oats ('widow
and relict of the said Edward Oats) and her children by
the said Edward Oats, their heirs and assigns forever ;
she paying the expenses and contingent charges on the
sale."
" Be it enacted by the authority aforesaid, that five
hundred acres of any lands, late the property of William
Guest, not sold by the commissioner of forfeited estates,
that Sarah Guest, wife of the said William Guest, shall
choose, shall be, and the same is hereby vested in the
said Sarah Guest, and her children by the said William
Guest, their heirs and assigns forever."
" And be it further enacted by the authority aforesaid,
that all personal property under confiscation, not disposed
of for public purposes, lately belonging to the said An-
drew Cunningham, Culbert Anderson, William Guest
and Edward Oats, shall be, and the same is hereby re-
stored to, and vested in the said Margaret Cunningham,
Mary Anderson, Sarah Guest and Elizabeth Oats respec-
tively, and their respective children : provided always,
that each estate or parts of estate so restored by this act,
shall be subject to the payment of all just and bona fide
debts, that may be against such estate."
76 JOHN ADAMS— JOHN JAY.
" In the Senate house the 19th day of March, A.
D. 1785, and in the ninth year of the independence
of the United States of America.
« JOHN LLOYD,
President of the Senate.
" JOHN FAUCHEREAUD GRIMKE,
Speaker of the H. of Representatives."
On the 24th March, 1785, an act was passed whereby
the estate which had been confiscated of Edward Fen-
wick was restored to and revested in him, and he permit-
ted to remain twelve months in the State.
From these several acts, it is apparent that although
much severity was naturally to be expected, and would
have been excusable in South Carolina, considering the
manner in which she had been treated, yet great regard
to justice, and an uncommon degree of benevolence, hu-
manity and mercy, has marked her conduct towards her
offending citizens. How it happened that the complain-
ants have not experienced the good effects of this con-
tinued prevailing disposition, cannot easily be accounted
for on any principles reputable to their characters. They
seem to have forgotten that the fifth article of the treaty
(the last clause only excepted, which has no relation to
their complaint) contains no other stipulation than that
Congress should recommend the several matters therein
stipulated. Congress accordingly recommended them,
and South Carolina complied with these recommenda-
tions to a great extent. That State was at liberty to
comply or not to comply in the whole or in part. She
has shewn much mercy and is not responsible for not
shewing more. In that State as in some others, there
DIPLOMATIC CORRESPONDENCE. 77
doubtless were some citizens to whom more mercy than
they have received would have been injustice. Who the
complainants are, or what they may be, their characters
or particular cases, does not appear from the list of
grievances, nor has your Secretary any information re-
specting them.
They had permission, it seems, to go to Charleston.
That was a matter of favor, not of right — after a certain
time they were ordered to depart — all this may be true
and yet the treaty remain un violated.
They say the purposes of their going there were frus-
trated by a suspension of the Courts of justice. If so,
it is evident that their business was not with the Legis-
lature but with the Courts, and business with the latter
for the restitution or recovery of rights and property may
as well be transacted by Attorney as in person.
If, after coming there, they were insulted and abused,
the persons who treated them in that manner acted im-
properly ; but insults and abuses are often of a kind of
which the law takes no notice ; and it is probable that
those in question were of that kind, for the complainants
do not allege the contrary, nor do they in that respect
impute any blame to the government, which they would
doubtless have done if there had been room for it.
2nd. That several British merchants, while Charles-
ton was in possession of his Majesty's troops, accepted
in payment of debts, houses and lands, which, on the
4th July, 1776, were the property of persons, whose
estates were confiscated by an act passed 26th February,
1782, but which retrospccted to the 4th July, 1776.
That these lands which since July, 1776, had often
been transferred, and actually belonged to British mcr-
78 JOHN ADAMS— JOHN JA\.
chants, when the act passed, were afterwards, viz : in
June 1784, sold by the Commissioners of confiscated
estates, without any regard to the claims of these mer-
chants founded on the 5th and 6th articles of the treaty.
Under this head the first question that presented itself
is, whether, or how far it was right that the act of 26th
February, 1782, should retrospect to 4th July, 1776?
This question may be discussed with more perspicuity
by distinguishing between the British subjects and the
offending citizens, who were the objects of this act.
The first violated no allegiance to the State, for they
owed none. The act imputes no particular offences to
them, but assigns general and national reasons for confis-
cating their property.
On the 4th July, 1776, all British subjects became
aliens to the United States. Thenceforth, to the end of
the war, they were not only aliens but alien enemies.
As such they were during that period under legal disa-
bilities, either to acquire or convey lands in this country:
on these principles, therefore, it was right and just that
the act should consider all those lands to be still the lands
of the British subjects in question, of which they were
proprietors on the 4th July, 1776.
The next inquiry is, whether the like retrospect in the
cases of offending citizens was justifiable?
On this point your Secretary thinks it not improper to
observe, that if it shall appear that the complainants are
not interested in, nor affected by, such retrospect, that
then it is a matter which they, being foreigners, have no
right to meddle with nor to complain of. By their own
shewing, it appears that the complainants are, and were,
British merchants ; that is, British subjects, who, during
DIPLOMATIC CORRESPONDENCE. 79
the war, when they were alien enemies, accepted grants
of land lying in this country, in payment for debts. No
point is more indisputable or more clearly established,
both by the law of this country and of England, than that
alienation of land to an alien operates a forfeiture of it
to the sovereign ; and if such be the laws respecting
alien friends, with how much greater force does it apply
to alien enemies? It follows then, that the British mer-
chants in question, not being-capable of purchasing and
holding lands in this country, nothing passed to them by
the said grants from their debtors. And if they thereby
acquired no right or title to the lands in contemplation,
they can with no propriety complain of, or reprehend,
the Legislature of South Carolina, for passing that or any
other law respecting those lands.
As your Secretary considers this reasoning as being
conclusive, he thinks it unnecessary to swell this report
by any further remarks on the retrospect in this act.
There remains but one further question on this head,
viz : whether the 5th or 6th articles of the treaty con-
tain any thing to validate the titles which these British
merchants claim to have to these lands?
By the 5th article it is agreed that all persons who
may have any interest in confiscated lands, either by debts,
marriage settlements, or otherwise, shall meet with no
lawful impediment in the prosecution of their just rights.
The obvious meaning of which is, that all fair lawful
contracts touching lands to which the parties were at the
time competent, shall continue in full force, and be exe-
cuted in favor of innocent persons claiming the benefit
thereof, notwithstanding the said lands may have been con
fiscated. The article clearly relates to grants or con-
80 JOHN ADAMS— JOHN JAY.
tracts which, at the time they were made, were valid,
and not to grants or contracts which, at the time they
were made, conveyed no rights to the grantees or con-
tractees. The article expressly removes impediments to
the prosecution of just or legal rights ; and that idea ex-
cludes the supposition of its meaning to confer validity
to claims not warranted by law, or to create rights which
at no prior period had even existence.
If, therefore, these British merchants never had, nor
could have, title to, nor interest in, these lands, by any
grants made during the war, and subsequent to July,
1776, your Secretary cannot perceive the most distant
reason for blaming the conduct of the commissioners in
paying no respect to such fruitless grants.
As to the 6th article, it gives color to the complaint.
1. It provides that there shall be no future confiscation.
The confiscation in question was prior and not future
to the treaty.
2. It forbids the commencement of prosecutions against
any person for the part he may have taken during the war.
The sale of land, long before vested in the State by
confiscation, can with no more propriety be called a com-
mencement of a prosecution, than the leasing, or tilling,
or fencing it can be.
3rd. It declares that no person shall on that account
suffer way future loss in his person, liberty or property.
If there was any loss in the present case, it arose from
the confiscation that took place during the war, which
being in point of time before the treaty, cannot be easily
construed to have been posterior or future to it.
Thus your Secretary has considered this complaint as
resting on the facts and principles stated and assumed by
DIPLOMATIC CORRESPONDENCE. 81
the complainants and he presumes that nothing further
then, need be added to manifest its futility. He cannot,
however, dismiss it without remarking the want of candor
observable in the statement of this complaint.
This complaint gives the reader to understand that the
act retrospected generally, and confiscated, without ex-
ception of cases, the lands, which the persons, who were
the objects of it possessed on the 4th July, 1776.
The fact is otherwise, for that very act contains the
following clause, viz:
"And be it further enacted by the authority aforesaid,
that all real and personal property of which the persons,
named in the said lists were possessed either by them-
selves or agents on the 4th July, 1776, or at any time
between that day and the 12th May, 1786, shall be held
and deemed to be still theirs ; unless the same was really
and bona fide sold and conveyed for a valuable con-
sideration of money paid, or secured to be paid and
actual possession given to the purchasers before the
said 12* A May, without any secret trust or condition,
and not with a view of eluding a forfeiture."
On the 16th March, 1783, an act was passed for
amending the confiscation act, and in it there is a clause
which enacts "that where purchases have been made of
the property of the banished persons, before the passing
of the confiscation act, by the persons who were then
citizens of this or of the United States, and where such
purchases have been actually paid for, or only part of
the purchase money paid, such persons shall still retain
the property so purchased : Provided the same was made
for a valuable consideration of money to be paid without
collusion or fraud, &c." The fact then really is, that the
VOL. v.— 11
82 JOHN ADAMS— JOHN JAY.
retrospect in question was so narrowed and limited as to
become perfectly consistent, not only with strict law
and justice, but with the more delicate principles of
equity and good conscience.
Lest an idea should be imbibed from this complaint,
that bona fide creditors lost their debts by this act of
confiscation, it may be well to refer those who may not
be well informed on the subject, to the first enacting
clause of the last mentioned act, which provides " that
the estates of persons mentioned on the list, number one,
specified in the said act, of those who left this country
upon refusing to take the oath of allegiance, and also
those who withdrew from their allegiance, and went over
to, and took up arms with the enemy in the year of our
Lord, 1779, shall be respectively liable to discharge the
debts due by them, as the estates of those persons who
are mentioned on the lists, numbers one, two, three, four,
five and six."
It further provides, that such debts " when examined
and certified by the auditor-general, shall be allowed in
purchase of any confiscated property, where the estates
against which the debts shall be so certified, are fully
and clearly equal to the demands upon them, or at the
option of such creditors, they shall be paid proportiona-
bly out of the annual interest arising on the bonds given
for the purchase of confiscated estates."
The act directs such demands to be brought in and
liquidated by the 20th July next, but by a posterior act,
passed 26th March, 1784, the term was extended to 26th
March, 1785.
The list of grievances also contains a singular com-
plaint respecting certain adjudications in Charleston ; for
DIPLOMATIC CORRESPONDENCE. 83
it is not suggested that any act of the legislature had
been passed on the subject, viz :
" That the decisions of the board of police, estab-
lished under the King's government in Charleston, how-
ever equitable, have been set aside since the peace ;
British subjects have been deprived of their property,
purchased under its process, and cast in excessive dama-
ges and costs, for no other cause, than having brought
actions therein for the recovery of debts, even where
the defendant had confessed judgment, and when both
the plaintiff and defendant were British subjects."
If the complainants had particularized any one of
these cases, by stating the nature, of the cause, the
names of the parties, and by what court and when it was
tried and adjudged, more respect would have been due
to their representation, than it seems to merit in its
present form. Why these important particulars were
omitted can only be conjectured.
Your Secretary has no other information respecting
these extraordinary facts, than what he derives from the
list of grievances.
To him, however, it appears sufficient to observe that
the laws of nations afford an answer to this complaint,
which ought, in the present state of it, to be satisfactory,
viz: " as the administration of justice necessarily requires
that every definitive sentence, regularly pronounced, be
esteemed just, and executed as such, as soon as a cause
in which foreigners find themselves interested, has been
decided in form, the Sovereign of the defendants cannot
hear their complaints."
To undertake to examine the justice of a definitive
sentence, is to attack the jurisdiction of him who has
84 JOHN ADAMS— JOHN JAY.
passed it. The prince ought not then to interfere in the
causes of his subjects in foreign countries, and to grant
them his protection, excepting in the cases of a refusal
of justice, palpable and evident injustice, a manifest viola-
tion of rules and form, or an odious distinction made to
the prejudice of his subjects, or of foreigners in general.
Your Secretary having considered several matters al-
ledged against South Carolina, as violations of the 6th
article, will now proceed to examine the remaining com-
plaints of the like kind against New York ; for South
Carolina and New York are the only States against which
such complaints are made.
It should be remembered that this article contains five
express and positive stipulations, viz :
1. That there shall be no future confiscations made.
2. That there shall not be any prosecutions com-
menced against any for the part he may have taken
during the war.
3. That no person shall, on that account, .suffer any
future loss or damage either in his person, liberty or pro-
perty.
4. That persons in confinement on such charges, shall
be set at liberty ; and
5. That the prosecution so commenced shall be dis-
continued.
It is charged that the State of New York has violated
this article ; for that by an act " passed the 17th March,
1783, and confirmed by others in 1784 and 1785, those
Americans who had abandoned their possessions in New
York upon its capture by the British troops, and resided
without the lines during the war, are enabled to bring
actions of trespass for rents, &c. during their absence,
DIPLOMATIC CORRESPONDENCE. 85
against persons who had occupied their premises, whether
under the authority or permission of the British com-
mander, or otherwise, and who by this act are precluded
from pleading any military order whatsoever, in justifica-
tion of their occupancy."
It also authorizes " the sequestration of the estates of
British subjects lying in that country, for their conduct
during the war."
This charge (the last article excepted) is not without
foundation, as will appear from a perusal of this extraor-
dinary act. It is as follows : " An act for granting a more
effectual relief in cases of certain trespasses, passed 17th
March, 1783.
" Be it enacted by the people of the State of New
York, represented in Senate and Assembly, and it is
hereby enacted by the authority of the same, that it shall
and may be lawful for any person or persons who are or
were inhabitants of this State, and who, by reason of the
invasion of the enemy, left his, her or their place or
places of abode, and who have not voluntarily put them-
selves respectively into the power of the enemy since
they respectively left their places of abode, his, her or
their heirs, executors and administrators, to bring an ac-
tion of trespass against any person or persons who may
have occupied, injured or destroyed, his, her or their
estate, either real or personal, within the power of the
enemy, or against any person or persons who shall have
purchased or received any such goods or effects, or
against his, her or their heirs, executors or administra-
tors, in any court of record within this State, having
cognizance of the same ; in which action, if the same
shall be brought against the person or persons who have
86 JOHN ADAMS— JOHN JAY.
occupied, injured or destroyed, or purchased and receiv-
ed such real or personal estate as aforesaid, the defendant
or defendants shall be held to bail ; and if any such ac-
tion shall be brought in any inferior court within this
State, the same shall be finally determined in such court,
and every such action shall be considered as a transitory
action.
" That no defendant or defendants shall be admitted
to plead in justification any military order or command
whatever, of the enemy, for such occupancy, injury, de-
struction, purchase or receipt, nor to give the same in
evidence on the general issue."
Your Secretary has reason to believe that this is the
first and only act of the kind that ever was passed by
any Legislature or Sovereign. Neither the laws, nor the
practice of nations (as far as your Secretary has know-
ledge of them) afford any countenance or color to an
opinion that after a war has been terminated by a treaty
of peace solemnly made and ratified, either of the late
belligerent powers or their respective citizens, have a
right to commence and prosecute actions at law against
the soldiers, subjects or adherents of the other, for dama-
ges by them done during the war, and in the course of
invasions and hostilities by military order.
Such an opinion appears to your Secretary to be so
destitute of even resemblance to reason that a particular
exposition of its demerits would be an unnecessary and
therefore improper application of time and attention.
In a word, this act is, in his opinion, a direct violation
of the treaty of peace, as well as of the acknowledged
law of nations ; but it is not true that this act does
" authorize the sequestration of the estates of British
DIPLOMATIC COitltESPONDENCE. 87
subjects lying in this country for their conduct during
the war," as the list of grievances very improperly
asserts.
It is said that this act was confirmed by others in
1784 and 1785, but they are not described, either by
their titles or contents.
Your Secretary finds one passed the 12th May, 1784,
entitled, " An act to preserve the freedom and indepen-
dence of this State, and for other purposes therein men-
tioned," which, in his opinion, is very exceptionable.
It is as follows :
" Whereas, it is of great importance to the safety of a
free government, that persons holding principles inimical
to the constitution, should not be admitted into offices or
places of trust, whereby they might acquire an imme-
diate influence in the direction of its councils, and
whereas, some of the citizens of this State, entertaining
sentiments hostile to its independence, and have taken
an active part in the late war, in opposition to the present
government, and it would be improper and dangerous
that such persons should be suffered to hold or enjoy
any such office or place of trust within this State."
" And whereas, it is the duty of the Legislature to
pursue every reasonable and proper measure to secure
the government from being disturbed and endangered."
" Be it therefore enacted by the people of the State
of New York, represented in Senate and Assembly, and
it is hereby enacted by the authority of the same, that
all and every person or persons, natives or others, who
being resident in this State, or any other of the United
States, on the 9th day of July, in the year of our Lord
1776, and who have at any time, since the said 9th day
88 JOHN ADAMS— JOHN JAY.
of July, in the year of our Lord 1776, accepted, re-
ceived, held or exercised any military commission or
commissions whatever, by or under any authority derived
from the King of Great Britain ; and every person or
persons, who being resident within this State, or any
other of the United States, as aforesaid, on the 9th day
of July, 1776 aforesaid, who have owned or fitted out, or
who have been concerned in fitting out any privateer
or privateers, or vessels of war to cruise against or com-
mit hostilities upon the vessels, property and persons of
any of the citizens of the United States, or against their
allies ; and every person or persons whatsoever, who
being resident in this State, or any other of the said
United States, on the 9th day of July, in the year of our
Lord 1776 aforesaid, who have served on board such
privateers or vessels of war, in the condition or capacity
of Captain, Lieutenant, or Master, and also every
person or persons who being resident in this State,
or any other of the United States on the 9th day of
July, 1776, aforesaid, and who since that time have
accepted, held or exercised any office, commission, or
appointment in the board or boards of police, instituted
and established in the southern district of this State
during the late war, by virtue of, and under authority
derived from the King of Great Britain, and also every
person or persons whatsoever, who being resident- in this
State, or any other of the United States on the 9th day
of July, in the year 1776, aforesaid, and who, since that
time have accepted, received, held or exercised any
office, commission, or appointment whatsoever in the
Court of Admiralty, instituted and established in the
southern district of this State during the late war, by
DIPLOMATIC CORRESPONDENCE. 89
virtue of authority derived from the King of Great
Britain as aforesaid ; and also, all and every person or
persons whatsoever, who being resident in any of the
United States, except this State, on the 9th day of July,
1776, aforesaid, and who at any time since that day, and
during the late war, have fled or removed from such of
the said States, of which such person or persons were
respectively resident on the 9th day of July, aforesaid,
and who have gone over to, joined or put himself or
themselves under the power and protection of the fleets or
armies of the King of Great Britain aforesaid, and all
and every person and persons, who, being resident in
this State on the 9th day of July, 1776, aforesaid, and
who, since that day, have voluntarily gone over to, re-
mained with, or joined the fleets and armies of the King
of Great Britain, aforesaid, at any time during the late
war, who has or have left this State on or before the 10th
day of December, in the year of our Lord 1783, and
who have not returned, and who shall hereafter be found
within this State ; such person or persons, so found, shall
be on conviction thereof adjudged guilty of misprison
of treason."
" Provided always, that nothing in this act contained
shall be taken or deemed to affect any person, who, at
the time of committing any of the offences aforesaid,
was a minor, under sixteen years of age, or a person
insane."
" And provided also, that it shall and may be lawful
for any such person or persons, whose estates, respec-
tively, may be attached by any law of this State, and
advertisement made thereof agreeably to such laws to
come and remain within this State, for so long a time as
VOL. v,— 12
90 JOHN ADAMS— JOHN JAY.
may be absolutely necessary to defend his, her or their
suit ; any thing in this act to the contrary thereof in any
wise notwithstanding."
" And be it further enacted by the authority aforesaid,
that all and every person or persons falling under any of
the descriptions hereinbefore mentioned, and the descrip-
tions mentioned in the twelfth section of the act, entitled,
" An act to regulate elections within this State," passed
the 27th day of March, 1778, and who has or have not
left this State, are hereby forever disqualified and ren-
dered incapable of holding, exercising or enjoying any
legislative, judicial or executive office or place whatso-
ever, within this State, and shall, and hereby is, and are
forever disqualified and incapacitated to elect or vote,
either by ballot or viva voce, at any election, to fill any
office or place whatsoever, within this State. And if
any person shall offer himself as an elector at any elec-
tion hereafter to be holden, for an office, or place within
this State, and shall be suspected or charged to be within
any of the descriptions aforesaid, it shall be lawful for
the inspectors or superintendents (as the case may be) to
inquire into and determine the fact, whereof such person
shall be suspected, or wherewith he shall be charged as
the cause of disqualification aforesaid, on the oath of one
or more witness or witnesses, or on the oath of the party
so suspected or charged, at their discretion ; and, if such
fact shall, in the judgment of the inspectors or superin-
tendents, be established, it shall be lawful for them, and
they are hereby required to reject the vote of such per-
sons at such election;" " Provided always, that if it shall
appear, to the satisfaction of the inspectors or superin-
tendents at any election, that any person offering himself
DIPLOMATIC CORRESPONDENCE. 91
as an elector, has, during the late war, within the southern
district, by fear or compulsion, accepted, held or exer-
cised any such office, commission or appointment, or
may have involuntarily done any act or acts, which, by
the said section, would have disqualified him from hold-
ing any office, or from being an elector, had the same
been voluntarily done, and that such person, otherwise,
has uniformly behaved as a friend to the freedom and
independence of the United States, the inspector shall
admit such person to give his vote at any such election,
any thing in this act to the contrary, notwithstanding."
"Whereas, a very respectable number of citizens of this
State, well attached to the freedom and independence
thereof, have entreated the Legislature to extend mercy
to persons hereinafter mentioned, and to restore them
to their country:
"Be it therefore enacted by the authority aforesaid, that
Gysbert Marselius,, Henry Staats, John Stevenson, Henry
Van Dyck, John Van Allen, Henry Van Schaack, David
Van Schaack, Harman Pruyn, William Rea, Myndert
Viele, William Lupton, Cadwallader Golden, Walter
Dubois, Cornelius Luyster, Andrew Graham, John Thur-
man, Samuel Fowler, Joseph Mabbit, John Green, Dirk
Van Vlect, Jost Garrison, John Booth, Rolef Elting,
Solomon Elting, Richard Harrison, James Smith and
Benjamin Lapham, shall be, and every of them are, here-
by permitted to return to and reside within this State
without any molestation, and therein to remain until the
end of the next meeting of the Legislature, or until
further legislative provision shall be made in the premises,
any thing in the act entitled "an an act more effectually
to prevent the mischiefs arising from the influence and
92 JOHN ADAMS— JOHN JAY.
example of persons of equivocal and suspected character
in this State, passed the 30th day of June, 1778, to the
contrary thereof in any wise notwithstanding."
This intemperate act was passed after the treaty had
been ratified by both nations, and most clearly violates
the 6th article in various respects, too obvious and decid-
ed to require enumeration or discussion.
Your Secretary has reason to believe that there are
some other acts not particularized in the list of grievan-
ces, which, on being compared with the treaty, would
appear in some respects inconsistent with it, but as the
principles applied by this report to the other acts, will
also apply to all of the like kind, he thinks the investiga-
tion may here be concluded with propriety.
From the aforegoing review of the several acts com-
plained of, it is manifest that the 4th and 6th articles of
the treaty have been violated by certain of them.
The next inquiry in order, seems to. be, whether these
violations can be justified or excused by any prior ones
on the part of Britain.
There is no doubt but that Britain has violated the
7th article which provides that his Britannic Majesty shall,
with all convenient speed, and without causing any de-
struction or carrying away any negroes or other property
of the American inhabitants, withdraw all his armies,
garrisons, and fleets from the said United States, and
from every port, place and harbor within the same.
The violations of these articles alluded to are these, viz:
1. That, on the evacuation of New York, negroes,
belonging to American inhabitants, were carried away.
2. That his Britannic Majesty's garrisons have not
been withdrawn from, but still keep possession of, certain
posts and places within the United States.
DIPLOMATIC CORRESPONDENCE. 93
With respect to the negroes, it may be proper to dis-
tinguish them into three classes:
1. Such as in the course of the war were captured and
disposed of as booty by the enemy.
2. Such as remained with, and belonged to, American
inhabitants within the British lines.
3. Such as confiding in proclamations and promises of
freedom and protection, fled from their masters without,
and were received and protected within the British
camps and lines.
The stipulation " not to carry away any negroes or
other property of the American inhabitants," cannot, in
the opinion of your Secretary, be construed to extend to
and comprehend the first class.
By the laws of war, all goods and chattels captured
and made booty flagrante bello, became the property of
the captors. Whether men can be so degraded as, under
any circumstances, to be with propriety denominated
goods and chattels, and, under that idea, capable of be-
coming booty, is a question on which opinions are unfor-
tunately various, even in countries professing Christianity
and respect for the rights of mankind. Certain it is, that
our laws assert, and Britain, by this article, as well as by
her practice, admits that man may have property in man.
If so, it is as fair reasoning to conclude that this, like other
moveable property, is capable of changing owners by
capture in war. The article places " negroes and other
property of the American inhabitants," on the same foot-
ing ; so that if it means that captured negroes shall not
be carried away, it must also mean that no other cap-
tured property shall be carried away, which would, in
other words, amount to an agreement that the British
94 JOHN ADAMS— JOHN JAY.
fleet and army should leave behind all the booty then in
this country, which they had taken from American in-
habitants at any period of the war.
It would be a task beyond the abilities of your Secre-
tary, to raise such a construction of the article on any
principles capable of supporting it.
As to the second class, to wit : such as belonged to,
and remained with, American inhabitants within the
British lines, they seem clearly to be within the design
and meaning of the article ; for as the enemy had never
taken them from their masters, nor treated them as booty,
the property remained unchanged ; and the like reasoning
applies to all other negroes kept as slaves within their
lines and respecting whom the enemy had done no act,
which divested their masters of the property.
Your Secretary also thinks that the third class are
clearly comprehended in the article, and for the same rea-
sons, viz : because they still remained, as much as ever,
the property of their masters. They could not, by
merely flying or eloping, extinguish the right or title of
their masters; nor was that title destroyed by their
coming into the enemy's possession, for they were re-
ceived, not taken, by the enemy; they were received,
not as slaves, but as friends and freemen. By no act,
therefore, either of their owner, or of their friends, was
the right of their masters taken away, so that being the
property of American inhabitants, it was an infraction of
the 7th article of the treaty, to carry them away.
Whenever the conduct of nations or of individuals
becomes the subject of investigation, truth and candor
should direct the inquiry. The circumstances under
which the last mentioned negroes were carried away,
DIPLOMATIC CORRESPONDENCE. 95
make a strong impression on the mind of your Secretary,
and place that transaction before him in a point of view
less unfavorable to Britain, than it appears in to his coun-
trymen in general. He is aware that he is about to say
unpopular things, but higher motives than personal con-
siderations press him to proceed.
If a war should take place between France and Algiers,
and in the course of it France should invite the American
slaves there to run away from their masters, and actually
receive and protect them in their camp, what would
Congress, and indeed, the world think and say of France,
if, on making peace with Algiers, she should give up
those American slaves to their former Algerine masters?
Is there any other difference between the two cases than
this, viz : that the American slaves at Algiers are white
people, whereas the African slaves at New York were
Uack people ?
It may be said that these remarks are made out of
season, for whether they be well or ill founded, the fact
is, that Britain expressly agreed to give them up, and
therefore, ought to have done it.
How far an obligation to do wrong may, consistent
with morality, be so modified in the execution, as to
avoid doing injury, and yet do essential justice, merits
consideration. By the agreement, Britain bound herself
to do great wrong to these slaves, and yet, by not exe-
cuting it, she would do great wrong to their masters.
This was a painful dilemma, for, as on the one hand, she
had invited, tempted and assisted these slaves to escape
from their masters, and on escaping, had received and
protected them, it would have been cruelly perfidious to
have afterwards delivered them up to their former bond-
96 JOHN ADAMS— JOHN JAY.
age, and 10 the severities to which such slaves are usually
subjected. So, on the other hand, after contracting to
leave these slaves to their masters, then to refuse to
execute that contract, and, in the face of it, to carry
them away, would have been highly inconsistent with
justice and good faith.
But one way appears to your Secretary, in which
Britain could extricate herself from these embarrass-
ments, that was, to keep faith with the slaves by carry-
ing them away, and to do substantial justice to their
masters by paying them the value of those slaves. In
this way, neither could have just cause to complain ; for,
although no price can compensate a man for bondage for
life, yet every master may be compensated for a runaway
slave.
In the opinion, therefore, of your Secretary, Great
Britain ought to stand excused for having carried away
these slaves, provided she pays the full value of them;
and, on this he thinks the United States may with great
propriety and justice insist ; indeed there is an intima-
tion in one of Mr. Adams' letters, that the British
Minister did not object to it.
But however capable of palliation, the conduct of
Britain respecting these negroes may be, it unquestiona-
bly was an infraction of the 7th article.
It is equally clear, that her continuing to hold the posts,
from which, by that article, she agreed to withdraw her
garrisons, is also a decided violation of the treaty.
It appears then, that there are violations of the treaty
justly chargeable on both parties ; but as the present in-
quiry is, whether our violations can be justified by ante-
cedent ones on the part of Britain, their respective dates
must be ascertained.
DIPLOMATIC CORRESPONDENCE. 97
It is but just to observe that Britain withdrew her fleet
and army from New York before the treaty was ratified.
She evacuated that place on the 25th November, 1783,
and it was not until the next year that the treaty was
ratified.
The first violation that (to the knowledge of your Se-
cretary) we complain of, happened when the British
forces left New York ; for they then carried away with
them the negroes in question. So that the first violation
on the part of Britain was on the 25th November, 1783.
The famous trespass act of New York was passed 17th
March, 1783, and is still in force. The act of Pennsyl-
vania which impeded the recovery of British debts was
passed 12th March, 1783.
The ordinance of South Carolina for disposing of cer-
tain estates, &c. was passed 17th March, 1783.
All these acts were in force on, and long after the day
of the date of the treaty, viz: 3rd September, 1783.
In whatever light, therefore, deviations from the treaty,
prior to its final conclusion and ratification, may be view-
ed, it is certain that deviations on our part preceded any
on the part of Britain, and, therefore, instead of being
justified by them, afford excuse to them.
As to the detention of our posts, your Secretary thinks
that Britain was not bound to surrender them, until we
had ratified the treaty.
Congress ratified it 14th January, 1784, and Britain on
the 9th April following.
From that time to this, the 4th and 6th articles of the
treaty have been constantly violated on our part, by
legislative acts, then, and still existing and operating.
Under such circumstances, it is not a matter of sur-
VOL. v.— 13
98 JOHN ADAMS— JOHN JAY.
prise to your Secretary, that the posts are detained, nor
in his opinion would Britain be to blame in continuing
to hold them, until America shall cease to impede her en-
joying every essential right secured to her, and her people
and adherents by the treaty.
Your Secretary has heard another reason or excuse
assigned to justify deviating from the 4th article, and
restraining British creditors in the recovery of their debts,
viz : that, by giving time to the debtor, he became more
able to pay the debt ; and as that additional ability was a
benefit to the creditor, the latter ought not to complain
of the restraint which produced it.
Although this argument may be somewhat ingenious,
it unfortunately proves too much. By the treaty a
British creditor has a right to sue when he pleases ; and,
by the common law, a farmer has a right to plough when
he pleases ; a merchant to send out his vessels when he
pleases, and every man to eat and drink when he pleases.
Admit that a British creditor would do better to delay
his suits ; that a farmer was about to plough in an impro-
per season or manner, that a merchant had ordered his
vessels to sea when a hurricane was expected, or that a
certain gentleman injured his health by intemperance.
Admit these facts. Would it thence follow, that every
or any good natured officious man who might think him-
self more judicious and prudent, has a right to hinder the
creditor from suing, the farmer from ploughing, the mer-
chant from despatching his vessels, or the bon vivant from
indulging his appetite ; surely not.
In short, as your Secretary is uninformed of any facts
or matters that can justify the violations on our part, the
only question which seems to remain to be considered, is;
DIPLOMATIC CORRESPONDENCE. 99
What is to be done ? The United States in Congress
assembled have neither committed, nor approved of any
violations of the treaty. To their conduct no exceptions
are taken, but to their justice an appeal is made relative
to the conduct of particular States. The United States,
however, must eventually answer for the conduct of their
respective members ; and for that and other reasons sug-
gested by the nature of their sovereignty and the articles
of confederation, your Secretary thinks they have good
right to insist and require that national faith and national
treaties be kept and observed throughout the Union ; for
otherwise it would be in the power of a particular State
by injuries and infraction of treaties, to involve the whole
confederacy in difficulties and war.
In his opinion, it would highly become the dignity of
the United States to act on such occasions with the most
scrupulous regard to justice and candor towards the injured
nation, and with equal moderation and decision towards the
delinquent State or States. In the present case he thinks
it would be proper to resolve, 1st. That the legislatures
of the several States cannot, of right, pass any act or acts
for interpreting, explaining or construing a national treaty,
or any part or clause of it, nor for restraining, limiting, nor
in any manner impeding, retarding nor counteracting the
operation and execution of the same, for that, on being
constitutionally made, ratified and published, they became
in virtue of the confederation, part of the law of the
land, and are not only independent of the will and power
of such legislatures, but also binding and obligatory on
them. 2nd. That all such acts or parts of acts as may
be now existing in either of the States, repugnant to the
treaty of peace, ought to be forthwith repealed, as well
100 JOHN ADAMS— JOHN JAY.
to prevent their continuing to operate as violations of
that treaty, as to avoid the disagreeable necessity there
might otherwise be, of raising and discussing questions
touching their validity and obligation. 3rd. That it be
recommended to the several States to make such repeal,
rather by describing than reciting the said acts, .and for
that purpose to pass an act declaring in general terms,
that all such acts and parts of acts repugnant to the
treaty of peace between the United States and his
Britannic Majesty, or any article thereof, shall be, and
are thereby repealed, and that the courts of law and
equity in all causes and questions cognizable by them
respectively, and arising from or touching the said treaty,
shall decide and adjudge according to the true intent and
meaning of the same, any thing in the said acts or parts
of acts, to the contrary thereof, in anywise, notwithstand-
ing. The two first of these proposed resolutions do not
appear to your Secretary to require any comment.
He thinks the third would be expedient, for several
reasons.
As it is general, and points at no particular State, it
cannot wound the feelings of any.
The general law it recommends, he thinks preferable to
a minute enumeration of the exceptionable acts and
clauses; because either omissions might accidentally be
made in the enumeration, or questions might be agitated,
and perhaps improperly determined, respecting this or
that act or clause, which some may think exceptionable,
and others not. By repealing in general terms and obli-
terating all exceptionable acts and clauses, as it were, by
one stroke of the pen, the whole business will be turned
over to its proper department, viz : the judicial, and the
DIPLOMATIC CORRESPONDENCE. 10]
courts of law will find no difficulty in deciding whether
any particular act or clause is, or is not repugnant to the
treaty. When it is considered that the judges in general
are men of character and learning, that they stand in
responsible situations, and feel as well as know the obli-
gations of office, and the value of reputation, there is
reason to presume that their conduct and judgments
relative to these as well as other judicial matters, will be
wise and upright.
Your Secretary also thinks, that in case these resolu-
tions should be adopted, it would be proper that a circu-
lar letter from Congress should accompany copies of
them to the States; but as the forming a draft or plan of
such a letter, seems not to belong to the department of
foreign affairs, he forbears to report one.
He is farther of opinion that a copy of this report
should be transmitted to the Minister Plenipotentiary of
the United States at the Court of London, for his infor-
mation ; and that he be instructed candidly to admit that
the 4th and 6th articles of the treaty have been violated
in America, as well as the 7th has on the part of Great
Britain. That he inform his Britannic Majesty that the
United States are taking efficacious measures, for removing
all cause of complaint on their part. That he also be
authorized to propose and conclude in the name and be-
half of the United States, a convention with his Majesty,
whereby it shall be agreed that the value of the negroes
or other American property carried away contrary to the
7th article, be estimated by commissioners and paid for,
and that the said payment, together with a surrender of
till the posts and places now held by his Majesty within
the limits of the United States, shall be made within
102 JOHN ADAMS— JOHN JAY.
months after all the acts and parts of acts existing in the
several States, and which violate the treaty are repealed,
and due notice thereof given.
That he be also instructed to assure his Majesty, that it
will always give pleasure to Congress fairly and candidly
to discuss and accommodate every difference or complaint,
that may arise relative to the construction, or to the per-
formance of the treaty. That they are determined to
execute it with good faith, and that as this is the only in-
stance in which any complaints of that kind have ever
come regularly before them, they flatter themselves that
the frankness and candor of their conduct on this occa-
sion, will create in him the same confidence in the purity
of their intentions, which they repose in his assurance,
" that whenever America shall manifest a real determina-
tion to fulfil her part of the treaty, Great Britain will not
hesitate to co-operate in whatever points depend upon
her, for carrying every article into real and complete
effect."
It might also be well to instruct Mr. Adams, to en-
deavor to have an article inserted in the convention for
the remission of the interest, or a portion of it, which be-
came due on private contracts during the war ; but your
Secretary apprehends from the general and great impro-
priety of such interference with private contracts, that
his endeavors would be fruitless. He also thinks it might
be proper to instruct Mr. Adams to obtain, if possible, an
article to fix the true construction of the declaration for
ceasing hostilities, and stipulating that compensation be
made for all captures contrary to it ; but he likewise fears
that as this may be considered as a judicial question, and
as the balance of the captures so circumstanced, is in
DIPLOMATIC CORRESPONDENCE. 103
favor of Great Britain, that her consent to such an article
would not be easy to obtain.
It appears to your Secretary, that this system ought to
give perfect satisfaction to the Court of London, unless
perhaps in one point, viz : that the individuals who have
suffered by our violations, are left without compensation
for their losses and suffering.
Although strict justice requires that they who have
wrongfully suffered, should, as far as possible, receive
retribution and compensation, yet, as it would be
very difficult, if practicable, to prevail on the States to
adopt such a measure, he thinks it best to be silent about
it, especially as the United States have neither the power
nor the means of doing it, without their concurrence.
Besides, as the detention of the posts has been and
continues injurious to the United States, the consequences
of the respective violations may be set against each other,
and although the account may not be exactly balanced,
yet it cannot be well expected that in the affairs of such
magnitude, the same regard can be had to minutiae as in
transactions between individuals.
This report is on a subject no less new and singular
than important; your Secretary is not conscious of any
errors in it, and yet there may be some. He hopes the
facts are not mistaken or misstated. He believes his
reasoning on them to be just, and he flatters himself
whatever mistakes relative to either, may be discovered,
that they will be treated with candor, and ascribed neither
to want of attention nor of care, but to that fallibility
from which few, if any, even of the wisest and most able
are wholly exempt.
All which is submitted to the wisdom of Congress.
JOHN JAY.
104 JOHN ADAMS— JOHN JAY.
Extract from the Secret Journal, March 21, 1787.
"On the report of the Secretary to the United States,
for the Department of Foreign Affairs, to whom was
referred a letter of the 4th March, 1786, from Mr. J.
Adams, Minister Plenipotentiary of the United States of
America, at the Court of London, together with the
memorial of the said Minister dated the 30th November,
1785, and presented by him on the 8th December follow-
ing, to his Britannic Majesty's Secretary of State, and
the answer received by Mr. Adams to the said memorial,
and contained in a letter from said Secretary of State,
dated at St James, February 28th, 1786, and other
papers accompanying the same.
Congress unanimously agreed to the following re-
solutions :
Resolved, That the legislatures of the several States
cannot of right pass any act or acts for interpreting, ex-
plaining or construing a national treaty, or any part or
clause of it ; nor for restraining or counteracting the
operation and execution of the same ; for that, on being
constitutionally made, ratified and published, they become
in virtue of the confederation, part of the law of the
land, and are not only independent of the will and
power of such legislatures, but also binding and obligatory
on them.
Resolved, That all such acts, or parts of acts as may
be now existing in any of the States repugnant to the
treaty of peace ought to be forthwith repealed, as well
to prevent their continuing to be regarded as violations
of that treaty, as to avoid the disagreeable necessity there
might otherwise be of raising and discussing questions
touching their validity and obligation.
U1PLOMATIC CORRESPONDENCE. 1Q5
Resolved, That it be recommended to the several
States to make such repeal rather by describing than
reciting the said acts, and for that purpose to pass an act,
declaring in general terms that all such acts and parts of
acts repugnant to the treaty of peace between the United
States and his Britannic Majesty, or any article thereof,
shall be, and thereby are repealed ; and that the Courts
of law and equity in all causes and questions cognizable
by them respectively, and arising from, or touching the
said treaty, shall decide and adjudge according to the true
intent and meaning of the same, any thing in the said
acts or parts of acts to the contrary thereof in any wise
notwithstanding."
Office for Foreign Affairs, 3
April 6, 1787. 5
The Secretary of the United States for the Department
of Foreign Affairs, in pursuance of the order of Con-
gress directing him to report the draft of a letter to
the States, to accompany the resolutions in his report
of 13th October last, on a letter of 4th March, 1786,
from the honorable John Adams, Esquire, reports the
following, viz :
To his Excellency, the Governor of
Sir,
Our Secretary for foreign affairs has transmitted to you
copies of a letter to him from our Minister at the Court
of London, of the 4th day of March, 1786, and of the
papers mentioned to have been enclosed with it.
We have deliberately and dispassionately examined
VOL. v. — 14
106 JOHN ADAMS— JOHN JAY.
and considered the several facts and matters, urged by
Britain, as infractions of the treaty of peace on the part
of America, and we regret that in some of the States too
little attention appears to have been paid to the public
faith pledged by that treaty.
Not only the obvious dictates of religion, morality and
national honor, but also the first principles or good policy
demand a candid and punctual compliance with engage-
ments, constitutionally and fairly made.
Our national constitution having committed to us the
management of the national concerns with foreign States
and powers, it is our duty to take care that all the rights
which they ought to enjoy within our jurisdiction, by the
laws of nations and the faith of treaties, remain inviolate,
and it is also our duty to provide that the essential
interests and peace of the whole confederacy, be not
impaired or endangered by deviations from the line of
public faith, into which any of its members may, from
whatever cause, be unadvisedly drawn.
Let it be remembered, that the thirteen Independent
Sovereign States have, by express delegation of power,
formed and vested in us a general, though limited sove-
reignty, for the general and national purposes specified in
the confederation. In this sovereignty they cannot seve-
rally participate (except by their delegates) nor with it
have concurrent jurisdiction ; for the ninth article of the
confederation most expressly conveys to us the sole and
exchisive right and power of determining on war and
peace, and of entering into treaties and alliances, &c.
When, therefore, a treaty is constitutionally made,
ratified and published by us, it immediately becomes
binding on the whole nation, and superadded to the laws
DIPLOMATIC COUUKSPONDENCE. 107
of the land, without the intervention or fiat of State
legislatures. Treaties derive their obligation from being
compacts between the Sovereign of this, and the Sove-
reign of another nation, whereas laws or statutes derive
their force from being acts of a legislature competent to
the passing of them. Hence, it is clear that treaties
must be implicitly received and observed by every mem-
ber of the nation, for as State legislatures are not com-
petent to the making of such compacts or treaties, so
neither are they competent, in that capacity, authorita-
tively to decide on, or ascertain the construction and
sense of them. When doubts arise respecting the con-
struction of State law, it is not unusual nor improper for
the State legislatures, by explanatory or declaratory acts,
to remove those doubts ; but the case between laws and
compacts or treaties, is in this widely different, for when
doubts arise respecting the sense and meaning of a treaty,
they are so far from being cognizable by a State legisla-
ture, that the United States, in Congress assembled, have
no authority to settle and determine them ; for as the
legislature only which constitutionally passes a law, has
power to revise and amend it, so the Sovereigns only
who are parties to the treaty, have power, by mutual
consent and posterior articles, to correct or explain it.
In cases between individuals, all doubts respecting the
meaning of a treaty, like all doubts respecting the mean-
ing of a law, are, in the first instance, mere judicial
questions, and are to be heard and decided in the courts
of justice having cognizance of the causes in which they
arise ; and whose duty it is to determine them according
to the rules and maxims established by the laws of nations
for the interpretation of treaties. From these principles
108 JOHN ADAMS— JOHN JAY.
it follows of necessary consequence, that no individual
State has a right, by legislative acts, to decide and point
out the sense in which their particular citizens and courts
shall understand this, or that article of a treaty.
It is evident that a contrary doctrine would not only
militate against the common and established maxims and
ideas relative to this subject, but would prove no less
ludicrous in practice than it is in national theory ; for in
that case the same article of the same treaty might by
law be made to mean one thing in New Hampshire,
another thing in New York, and neither the one nor the
other in Georgia.
How far such legislative acts would be valid and obli-
gatory, even within the limits of the State passing them,
is a question which we hope never to have occasion to
discuss ; certain, however, it is, that such acts cannot
bind either of the contracting Sovereigns, and conse-
quently cannot be obligatory on their respective nations.
But if treaties and every article in them, be, (as they
are and ought to be) binding on the whole nation, if
individual States have no right to accept some articles
and reject others, and if the impropriety of State acts to
interpret and decide the sense and construction of them
be apparent, still more manifest must be the impropriety
of State acts to control, delay or modify the operation
and execution of their national compacts.
When it is considered that the several States assem-
bled by their delegates in Congress, have express power
to form treaties, surely the treaties so formed are not af-
terwards to be subject to such alterations, as this or that
State Legislature may think expedient to make, and that
too, without the consent of either of the parties to it ; that
DIPLOMATIC CORRESPONDENCE. 1Q9
is, in the present case without the consent of all the
United States, who collectively, are parties to this treaty
on the one side, and his Britannic Majesty on the other*
Were the Legislatures to possess and to exercise such
power, we should soon be involved, as a nation, in anar-
chy and confusion at home, and in disputes which would
probably terminate in hostilities and war with the nations,
with whom we may have formed treaties. Instances
would then be frequent, of treaties fully executed in one
State, and partly executed in another, and of the same
article being executed in one manner in one State, and
in a different manner, or not at all, in another State.
History furnishes no precedent of such liberties taken
with treaties, under form of law, in any nation.
Contracts between nations, like contracts between in-
dividuals, should be faithfully executed, even though the
sword in the one case, and the law in the other, did not
compel it. Honest nations, like honest men, require no
constraint to do justice ; and though impunity and the ne-
cessity of affairs may sometimes afford temptations to
pare down contracts to the measure of convenience, yet
it is never done but at the expense of that esteem and
confidence and credit, which are of infinitely more worth
than all the momentary advantages which such expedients
can extort.
But although contracting nations cannot, like indivi-
duals, avail themselves of courts of justice to compel
performances of contracts, yet an appeal to heaven and
to arms, is always in their power, and often in their in-
clination. But it is their duty to take care that they
never lead their people to make and support such ap-
peals, unless the sincerity and propriety of their conduct
HO JOHN ADAMS— JOHN JAY.
affords them good reason to rely with confidence on the
justice and protection of heaven.
Thus much we think it useful to observe, in order to
explain the principles on which, we have unanimously
come to the following resolution, viz :
"Resolved, That the Legislatures of the several
States cannot, of right, pass any act or acts for interpret-
ing, explaining or construing a national treaty, or any part
or clause of it ; nor for restraining, limiting, or in any
manner impeding, retarding or counteracting, the opera-
tion and execution of the same ; for that, on being
constitutionally made, ratified and -published, they be-
come, in virtue of the confederation, part of the law of
the land, and are not only independent of the will and
power of such Legislatures, but also binding and obliga-
tory on them."
As the treaty of peace, so far as it respects the mat-
ters and things provided for in it, is a law to the United
States, which cannot, by all or any of them, be altered
or changed ; all State acts establishing provisions relative
to the same objects which are incompatible with it, must
in every point of view, be improper. Such acts do, ne-
vertheless, exist, but we do not think it necessary either
to enumerate them particularly, or to make them several-
ly the subjects of discussion. It appears to us sufficient
to observe and insist, that the treaty ought to have free
course in its operation and execution, and that all obsta-
cles interposed by State acts be removed. We mean to
act with the most scrupulous regard to justice and candor
towards Great Britain, and with an equal degree of deli-
cacy, moderation and decision, towards the States who
have given occasion to these discussions.
DIPLOMATIC CORRESPONDENCE. \H
For these reasons we have in general terms
" Resolved, That all such acts or part of acts as may
be now existing in any of the States, repugnant to the
treaty of peace, ought to be forthwith repealed, as well
to prevent their continuing to be regarded as violations of
that treaty, as to avoid the disagreeable -necessity there
might otherwise be, of raising and discussing questions
touching their validity and obligation."
Although this resolution applies strictly, only to such
of the States as have passed the exceptionable acts al-
luded to, yet to obviate all future disputes and questions,
as well as to remove those which now exist, we think it
best that every State, without exception, should pass a
law on the subject ; we have therefore
" Resolved, That it be recommended to the several
States to make such repeal, rather by describing than re-
citing the said acts, and for that purpose to pass an act
declaring in general terms, that all such acts and parts of
acts repugnant to the treaty of peace between the United
•States and his Britannic Majesty, or any article thereof
shall be, and thereby are, repealed, and that the courts
of law and equity in all causes and questions cognizable
by them respectively, and arising from or touching the
said treaty, shall decide and adjudge according to the
true intent and meaning of the same, any thing in the
said acts or parts of acts to the contrary thereof in any
wise notwithstanding."
Such laws would answer every purpose, and be easily
formed ; the more they were of the like tenor throughout
the States the better. They might each recite that,
Whereas, certain laws and statutes made and passed
in some of the United States, are regarded and complain-
ed of, as repugnant to the treaty of peace with Great
112 JOHN ADAMS— JOHN JAY.
Britain, by reason whereof not only the good faith of the
United States, pledged by that treaty, has been drawn
into question, but their essential interests under that
treaty greatly affected; and whereas, justice to Great Bri-
tain, as well as regard to the honor and interests of the
United States,- require that the said treaty be faithfully
executed, and that all obstacles thereto and particularly
such as do or may be construed to proceed from the laws
of the State be effectually removed, therefore,
" Be it enacted by and it is hereby
enacted by the authority of the same, that such of the
acts or parts of acts of the Legislature of this State, as
are repugnant to the treaty of peace between the United
States and his Britannic Majesty, or any article there-
of, shall be, and hereby are repealed ; and further,
that the courts of law and equity within this State, be
and they hereby are directed and required, in all
causes and questions cognizable by them respectively,
and arising from or touching the said treaty, to decide
and adjudge according to the tenor, true intent and mean-
ing of the same, any thing in the said acts or parts of acts
to the contrary thereof in any wise notwithstanding.
Such a general law would, we think, be preferable to
one that should minutely enumerate the acts and clauses
intended to be repealed, because omissions might acci-
dentally be made in the enumeration, or questions might
arise, and perhaps not be satisfactorily determined, re-
specting particular acts or clauses about which contrary
opinions may be entertained. By repealing, in general
terms, all acts and clauses repugnant to the treaty, the
business will be turned over to its proper department,
viz: the judicial, and the courts of law will find no diffi-
culty in deciding whether any particular act or clause is
DIPLOMATIC CORRESPONDENCE. H3
or is not contrary to the treaty. Besides, when it is con-
sidered that the judges in general are men of character
and learning, and feel as well as know the obligations of
office, and the value of reputation, there is no reason to
doubt that their conduct and judgments relative to these,
as well as other judicial matters, will be wise and upright.
Be pleased, Sir, to lay this letter before the legislature
of your State without delay. We flatter ourselves they
will concur with us, in opinion, that candor and justice
are as necessary to true policy as they are to sound mo-
rality, and that the most honorable way of delivering our-
selves from the embarrassment of mistakes, is fairly to
correct and amend them. It certainly is time that all
doubts respecting the public faith be removed, and that
all questions and differences between us and Great Bri-
tain be amicably and finally settled. The States are in-
formed of the reasons why his Britannic Majesty still
continues to occupy the frontier posts, which by the
treaty he agreed to evacuate; and we have the strongest
assurances, that an exact compliance with the treaty on
our part, shall be followed by a punctual performance of
it on the part of Great Britain.
It is important that the several legislatures should, as
soon as possible, take these matters into consideration,
and we request the favor of you to transmit to us an au-
thenticated copy of such acts and proceedings of the le-
gislature of your State, as may take place on the subject
and in pursuance of this letter.
By order of Congress,
President.
All which is submitted to the wisdom of Congress.
JOHN JAY.
VOL. v.— 15
114 JOHN ADAMS— JOHN JAY.
Extract from the Secret Journals April, 13, 1787.
"The Secretary for Foreign Affairs having in pursuance
of an order of Congress, reported the draft of a letter to
the States, to accompany the resolutions passed the 21st
day of March, 1787, the same was taken into considera-
tion and unanimously agreed to as follows.''
•+ ^K- Office for Foreign Affairs, }
April 23, 1787. 5
The Secretary of the United States for the Department
of Foreign Affairs, in obedience to the order of Con-
gress directing him to report instructions to their Min-
ister Plenipotentiary at the Court of London on the
subject of his letter of 4th March, 1786, and of the
papers which accompanied it, reports the following :
Resolved, That the Minister of the United States at
the Court of Great Britain be, and he hereby is, instruct-
ed to inform his Britannic Majesty, that Congress do
candidly admit, that the 4th and 6th articles of the treaty
of peace have been violated in America, and that they
consider the 7th article as having been violated on the
part of Great Britain. That he do also ' inform his
Britannic Majesty, that Congress are taking effectual
measures for removing all cause of complaint on their
part, and that he communicate, to his Majesty their reso-
lutions of the 21st day of March last, together with their
circular letter to the States of the 13th day of April,
instant.
Resolved, That the said Minister be, and he hereby is
authorized and directed in the name and behalf of the
United States, to propose and conclude a convention with
DIPLOMATIC CORRESPONDENCE. H5
his Majesty, whereby it shall be agreed, that the value of
the slaves or other American property carried away con-
trary to the 7th article, be estimated by commissioners and
paid for, and that the said payment, together with a sur-
render of all the posts and places now held by his
Majesty within the limits of the United States, shall be t
made within months after the several States shall each*
have passed such a law for repealing all the acts or parts
of acts existing in the same, and repugnant to the said
treaty, as is specified in the circular letter abovemention-
ed, which months shall be computed from the time
that formal notice of all the States having passed such
laws, shall be duly given to his Britannic Majesty.
Resolved, That the said Minister be, and he hereby
is, further instructed to assure his Majesty that it will
always give pleasure to Congress, fairly and candidly to
discuss and accommodate every difference and complaint
that may arise relative to the construction or to the per-
formance of the treaty. That they are determined to
execute it with good faith, and that, as this is the only
instance in which any complaints of that kind, have ever
come regularly before them, they flatter themselves that
the frankness and candor of their conduct on this occa-
sion will create in him the same confidence in the purity
of their intentions which they repose in his assurances,
" That whenever America shall manifest a real determi-
nation to fulfil her part of the treaty, Great Britain will
not hesitate to co-operate in whatever points depend upon
her, for carrying every article into real and complete
effect."
Resolved, That the said Minister be, and he hereby
is, further instructed, to endeavor to have an article
116 JOHN ADAMS— JOHN JA\.
inserted in the convention, for the remission of the inte-
rest or a portion of it, which accrued on private contracts
during the war; and that he also endeavor to obtain an
article to fix the true construction of the declaration for
ceasing hostilities, and to stipulate that compensation be
made for all captures contrary to it.
And to the end that the said Minister may have the
more ample information on the several subjects.
Ordered, That a copy of the report of the Secretary
for Foreign Affairs on his said letter be transmitted to
him by means of some proper and confidential person
that may be going from hence to London."
All which is submitted to the wisdom of Congress.
JOHN JAY.
FROM JOHN JAY TO JOHN ADAMS.
New York, June 6, 1786.
Dear Sir,
My last to you was dated the 4th ult. since which I
have been honored with several from you, viz : two dated
24th November last, 9th, 6th, 17th, 20th, 22nd, 26th
and 27th February, and 4th March last, all of which,
with their several enclosures, were immediately laid be-
fore Congress.
I have at length the pleasure of informing you that
nine States begin to be frequent in Congress, and conse-
quently that there is a prospect of my being soon enabled
to send you some despatches of more importance than
many of my late ones have been.
It will not be long before a good private opportunity
DIPLOMATIC CORRESPONDENCE. H7
will offer, and then I mean to write you at least a long
private letter, if not a public one.
You will find herewith enclosed, a ratification of the
Prussian treaty, which for many months was delayed for
want of a proper number of States in Congress to order
and complete it.
There are several of my reports on your letters, before
Congress, and I assure you these delays are as painful to
me as they can be to you.
Our country has yet much to think of, and much to de-
cide on. A natural but improper rage for paper money
prevails. Rhode Island, New York and New Jersey,
are making experiments upon it, and I think injuring
themselves and the Union, in some measure by it. The
next London ships shall carry you some journals, and
acts of assembly which, by the packet, would cost more
postage than they are worth.
I doubt the propriety of borrowing more money with-
out funds or prospect to repay any ; our treasury is low ;
the States backward ; our people intent on private gain,
and too inattentive to national concerns and exigencies.
With great and sincere esteem, &c.
JOHN JAY.
FROM JOHN ADAMS TO JOHN JAY.
Grosvenor Square, May 16, 1786.
Dear Sir,
Last night 1 was honored with your letter of April
7th, and am happy to find that twelve States have
granted to Congress the impost. New York, 1 ani per-
118 JOHN ADAMS— JOHN JAY.
suaded, will not long withhold her assent, because, that
in addition to all the other arguments in favor of the
measure, she will have to consider that all the blame of
consequences must now rest upon her, and she would
find this alone, a greater burthen than the impost ; this
measure alone, as soon as it is completed, will have a
great effect, and instantly raise the United States in the
consideration of Europe, and especially of England. Its •
beneficial effects will be soon felt in America, by pro-
ducing a circulation of that property, the long stagnation
of which, has been a principal cause of the distress of
the community. The States, jointly and severally would
find immediate benefits from establishing taxes to pay the
whole interest of their debts, those of the confederation,
as well as those of particular States ; the interest of
money would instantly be lowered, and capitals be em-
ployed in manufactures and commerce that are now at
usury ; it is no paradox to say, that every man would
find himself the richer, the more taxes he pays, and this
rule must hold good until the taxes shall amount to a
sum sufficient to discharge the interest due to every
creditor in the community. The power to regulate the
commerce of the whole, will not probably be long with-
held from Congress, and when that point shall be agreed
to, you will begin to hear a bray in England for a treaty,
like Daniel Defoe's game cock among the horse's feet, it
will be, " pray, gentlemen, don't let us tread upon one
another."
You have, I hope, before now, Lord Carmarthen's
answer of February 28th, to my memorial of November
30th. 1 had determined in my own mind not "to de-
mand a categorical answer, without the further orders of
DIPLOMATIC CORRESPONDENCE. 119
Congress ;" and it is a great satisfaction to find your
opinion coincide. It is now with Congress to deliberate
what answer they should make to his Lordship, and for
my own part I do not. see what answer they can give
until they know the sense of Massachusetts, New York,
Virginia and South Carolina.
With the highest regard, Sic.
JOHN ADAMS.
FROM JOHN ADAMS TO JOHN JAY.
Grosvenor Square, May 25, 1786.
Dear Sir,
I have not presented a formal memorial in the name of
our sovereign, concerning the negroes carried off contrary
to the treaty, although it has been frequently and constant-
ly insisted upon with the British Ministry, for several rea-
sons ; one was a desire to confine the first memorial to one
point, the frontier posts, that the real motives and inten-
tions of the cabinet might be the more distinctly laid open
to Congress. Another reason was, the frankness of Min-
isters to own, in conversation, that the negroes must be
paid for, as a clear point. Another was, that time might
be allowed to you, sir, to transmit me the whole amount
and evidence of the claim. And lastly, that I might
have the explicit instructions of Congress, to demand
payment for the negroes in money, and especially at what
prices they should be stated.
By the answer of Lord Carmarthen to the memorial of
the 30th of November, Congress will see that the deten-
tion of the posts is attempted to be justified by the laws
120 JOHN ADAMS— JOHN JAY.
of certain States impeding the course of law for the re-
covery of old debts, &c. Were another memorial to be
now presented relative to the negroes, the same answer
would undoubtedly be given, or more probably a refer-
ence only to that answer.
It is my duty to be explicit with my country, and,
therefore, I hope it will not be taken amiss, by any of my
fellow citizens, when they are told, that it is in vain to
expect the evacuation of posts, or payment for the ne-
groes, or a treaty of commerce, or restoration of prizes;
payment of the Maryland or Rhode Island demand, com-
pensation to the Boston merchants, or any other relief of
any kind, until these laws are all repealed. Nor will the
ministry ever agree to any explanation concerning the
interest during the war, or payments by instalments. The
old creditors have formed themselves into a society, and
have frequent meetings; send committees to Mr. Pitt
and Lord Carmarthen, and I am well informed oppose
even a treaty of commerce upon this ground, and the
Ministers know them to be so numerous that they could
raise a clamor, a consideration which has always had more
weight at this Court and in Parliament than the interest
of America or the British empire.
What then is to be done? The States, it may be said,
will not repeal their laws. If they do not, then let them
give up all expectation from this Court and country, un-
less you can force them to do as you please by investing
Congress with full power to regulate the trade.
I will run the hazard, sir, of all the clamor that can
be raised against me, by my friends, or by my enemies,
if any such there are, and of all the consequences that
can befall me, for writing my sentiments freely to Con-
DIPLOMATIC CORRESPONDENCE. J21
gress, on a subject of this importance. It will appear to all
the world with an ill grace, if we complain of breaches of
the treaty, when the British court have it in their power
to prove upon us breaches of the same treaty, of greater
importance. My advice then, if it is not impertinent to
give it, is, that every law of eyery State, which concerns
either debts or royalists, which can be impartially con-
strued contrary to the spirit of the treaty of peace, be
immediately repealed, and the debtors, left to settle with
their creditors or dispute the point of interest at law ; I
do not believe a jury would give the interest. I beg
leave to suggest another thing, if Congress are them-
selves clear that interest during the war was not part of
that bona fide debt, which was intended by the contract-
ing parties, they may declare so by a resolution, or the
legislatures of the separate States may declare so, and
then the courts of justice and the juries will certainly
give no interest during the war ; but even in this case
those States which have few debts and have made no
laws against the recovery of them, will think it hard that
they should be subjected to dangers, by the conduct of
such as have many, and have made laws inconsistent
with the treaty, both respecting debts and tories. You
will give me leave, Sir, to suggest another idea, suppose
the States should venture to do themselves justice; for
example, suppose Maryland should undertake to pay
herself for her bank stock and negroes, carried off after
the treaty, by accepting security for it from her own citi-
zens, who are debtors to British subjects, and giving
discharges to those debtors, or engaging to stand between
them and the claims of the creditor, suppose the Caro-
VOL. v.— 16
122 JOHN ADAMS— JOHN JAY.
linas, Virginia, and all the other States which had negroes
carried off after the peace, should do the same, suppose
Massachusetts should make up the losses of the inhabi-
tants of Boston, in goods carried off by General Howe,
in the same way, at least those of them who were pro-
mised compensation by General Howe, for these are
undoubtedly creditors of the British government ; sup-
pose further, that each State should undertake, in the
same way, to compensate the owners of vessels taken
after the commencement of the armistice.
I throw out these hints as possibilities and speculations
only, sensible that they might open a door to much alter-
cation ; but I will not fail to add, that I think it would
be much sounder policy and nobler spirit, to repeal at
once every law of every State, which is in the smallest
degree inconsistent with the treaty, respecting either
debts or lories, and am well persuaded that no incon-
venience would be felt from it, neither law suits, nor bank-
ruptcies, nor imprisonments, would be increased by it; on
the contrary the credit and commerce of all the States
would be so increased, that the debtors themselves, in
general, would find their burthens lighter.
With great esteem, &c.
JOHN ADAMS.
P. S. Enclosed are two acts of Parliament and the
King's last proclamation. The other acts which affect
America shall be sent as soon as they are passed, and T
can obtain them.
DIPLOMATIC CORRESPONDENCE.
FROM JOHN ADAMS TO JOHN JAY.
Grosvenor Square, May 28, 1786.
Dear Sir,
An agent from South America, was not long since arrest-
ed at Rouen in France, and has not since been heard
of. Another agent, who was his associate, as I have
been told, is here, and has applied to Government for aid.
Government not in a condition to go to war with Spain,
declines having any thing to with the business. But if
application should be made to rich individuals, and profi-
table prices offered, for twenty or thirty thousand stands
of arms, a number of field pieces, a few battering cannon,
some mortars, a good deal of ammunition, clothing, &c.,
do you think that in this capital of mammon, they might
not be obtained ? I might mention names and facts, which
have been communicated to me. But my information is
not official nor authentic enough for this. It is sufficient to
say that an office like that, once undertaken by Mr.
Beaumarchais, would not probably be refused by all men
here.
You are probably better informed than I can pretend
to be of the disturbances which took place in the Spanish
provinces of Sooth America, during the late war, of the
pacification of them, and of the complaints and discon-
tents which now prevail. It is a fixed opinion in many
minds here, that a revolution in South America, would
be agreeable to the United States, and it is depended
on that we shall do nothing to prevent it, if we do not
exert ourselves to promote it, I shall decline entering far
into this speculation which is out of my depth. But I
must venture to say, that Portugal is bound by a treaty
124 „ JOHN ADAMS— JOHN JAV.
of 1778, to assist Spain in such a case. France must
assist her, from the family compact, and for a still more
weighty reason, viz : to prevent England from getting too
rich and powerful by it; and Holland is now bound by
treaty to France, and perhaps to Spain. We should
be very cautious what we do. For England will cer-
tainly reap the greatest advantage, as she will supply
with her manufactures, all South America, which will
give her a sudden wealth and power, that will be very
dangerous to us.
That British Ambassadors will very soon endeavor to
excite the two Empires and Denmark, to an alliance, for
the purpose of setting the Spanish and Portuguese colo-
nies free, is very probable, as an inducement they may
agree to assist in opening the Danube and the navigation
by the Dardanelles. The object of the next war, I think,
will be the liberty of commerce in South America, and
the East Indies. We shall be puzzled to keep out of it.
But I think we ought if we can. England would gain
the most by such a turn in affairs, by the advantages
she has over other nations in the improvements of her
manufactures, commerce and marine, and England, unfor-
tunately, we cannot trust.
Such speculations as these are not new ; a pamphlet
was written in 1783 under the title of " La Crise de
1'Europe," by a learned British knight, and circulated
upon the continent. As I cannot send you the whole you
may possess yourself of the spirit of it by a few extracts.
Translation.
" What ought to be the object which the different States
of Europe have in view, and what plan ought they to
form to restrain the ambition of the Bourbons, to pre-
DIPLOMATIC CORRESPONDENCE. 125
serve in America as well as in Europe the balance of
power, and to afford an opportunity to the armed neu-
trality to maintain the just and generous system, in the
preservation of which she finds herself personally inter-
ested. The plan was not difficult to find ; it was in two
words, to free the different European colonies in America
from the commercial restraints, imposed on them by the
different powers to whom they are at present subject.
" It is not necessary to show the advantages which all
the States of Europe would reap, and in the issue, those
very powers, from whom the colonies should be emanci-
pated, were it possible that this important revolution
could have effect with respect to the most precious and
richest provinces in the world. My heart leaps to think
that we may one day see the powers of Russia, Den-
mark, Sweden, Austria, Holland, Prussia, Great Britain,
land without restrictions on the coasts of Chili and Peru,
when proud monopolists can no longer prevent them from
exchanging the productions of Europe for the treasures
of America. My heart leaps to think that every State will
be certain of procuring all the necessities and pleasures of
life, in the proportion to the fertility of its soil, and the indus-
try of its inhabitants. What discoveries have we not reason
to expect ? What talents shall we not see displayed ?
To what degree of perfection will not every art, every
science be carried, should so vast a field be opened to
the activity of the human race ? The soul of the friend
of mankind feels itself overwhelmed with the grandeur
and importance of the ideas which offer themselves to its
view, when it figures to itself for an instant the human
race, united by a mutual interest, and compelled by the
ties which bind the communication of commerce to ad-
126 JOHN ADAMS— JOHN JAY.
vance the general happiness of mankind. It is needless
to stop to prove that such a plan can be executed with
little difficulty and expense. Great Britain would cer-
tainly be blind to her interests, and have lost all sense to
foresight, if she would not exert her utmost strength to
carry this plan into execution, &c.
" Who can suppose that Holland would refuse to enter
into a confederation whose principles would so particularly
favor the extension of her commerce and power ?
" Moreover, the new States of North America would not
fail to rejoice in an event which would afford them an op-
portunity of repairing with rapidity the loss of treasure
and blood, which they so generously lavished in their
noble efforts to acquire independence.
" Suppose then, on the one side, the strict union of such
a confederation, whose object should be the general eman-
cipation of the colonies. France and Spain in the oppo-
site scale against this confederation. Who can doubt but
that one campaign would be sufficient to obtain the end
which this league should propose. The English fleet is
already equal in the number and strength of its ships to
the fleets of the House of Bourbon. If, then, the armed
neutrality, comprehending Holland, should join the forces
of England, with fifty sail of the line, which might be
very easily done, there is no French or Spanish colony
which would not be reduced to obedience in the space of
six months. The West India islands, in particular, could
make but little resistance, and, as to Spanish America, so
great benefit would result to these provinces from the
suggested project of emancipating the colonies, that far
from fearing their opposition or resistance, we might rea-
sonably reckon on their concurrence, &c.
DIPLOMATIC CORRESPONDENCE. 127
" The aim of this object should be, to abolish all those
restrictions on commerce to which the European colonies
on the continent of America are at this time subject, to
give entire liberty to these colonies, to establish among
them the kind of government which would best suit the
characters and genius of their inhabitants, and to make
such a division of the islands of America, among the
powers who should assist in the system, as would defray
their respective expenses, provided that the execution of
this system should lead them into extraordinary ex-
penses, &tc.
" Holland must be assisted in disengaging herself from
the impolitic union, in which she is at present connected
with France, by procuring an army capable to protect
her against the invasions of this monarch, and in case of
necessity, even to attack the provinces of France.
" Who does not see, that with little persuasion the
Emperor, that friend of humanity, might be engaged to
co-operate in the execution of a plan conformable to his
noble and generous disposition ?
"The confederates should solemnly engage not to invade,
on their own account, any of the possessions, nor any of the
provinces of South America contenting themselves with
forcing Spain and her allies to withdraw their fleets and
armies from this continent, to demolish the fortifications
they have erected there, and to leave the natives at full
liberty to adopt such form of government as they may
judge most suitable to them.
" Finally, as the expenses which the execution of this
might occasion, appear to authorize some compensation,
it is once more proposed to divide the islands of the
American Archipelago between the different powers,
128 J°HN ADAMS— JOHN JAY.
promoters of the execution of this plan. The island of
Cuba should be given to Russia; Martinico, to Denmark;
Gaudaloupe, to Sweden; Porto Rico, to Prussia; Spanish
Hispaniola, to the Dutch; French Hispaniola, to the
Emperor; and the remaining islands, to Great Bri-
tain; and supposing that this plan could be executed
with little expense, it would, doubtless be more conforma-
ble to the generous principles of the League to grant
independence also to these islands. They might form a
republic among themselves under a government whose
residence should be established in some one of them,
while the confederate powers of Europe should establish
themselves guarantees of their commerce and politics.
" This plan offers a very beneficial system to the powers
interested in the armed neutrality, and even to mankind.
" Even France and Spain would have no reason to
complain of such a confederation, &c.
" As to Spain, there is a greater reason to be astonished,
that the indignation and resentment of Europe has not
long ago broke out against these proud monopolists, and
mankind renounced all sensibility, when it suffered the
most fertile and richest provinces in the world, to be so
long subjected to this hard and detestable power ; what
nation but what ought to feel an indignation at thinking
on the arrogant pretensions of a single monarchy, which
claims the power of possessing so great an extent of
country, and preventing any other European State from
approaching its borders. Were it not for her oppression
and bad government, how many millions of new inhabi-
tants would we not now see prospering in those distant
regions, and what benefits would not Europe derive from
her communication with these people ? The time then
DIPLOMATIC CORRESPONDENCE. 129
is not far distant when this tyrannical system of oppres-
sion shall be forever abolished, by allowing these unhappy
colonies to partake at last of a little liberty and happiness.
" Can we neglect to awaken the attention of Europe
towards the indignant treatment which Great Britain has
experienced from her enemies ? &c. Had the indepen-
dence of America been the only objectj their proceedings
might have been colored with the appearance of genero-
sity ! But what kind of connexion could the possession
of Gibraltar, Minorca, Grenada, Tobago and St. Vin-
cents, have with the independence of this continent?
" Great Britain is accused with having manifested a
proud conduct with respect to her neighbors ; were there
foundation for this reproach, she has since received too
many lessons of humility. But, can Europe forget on
the other hand, the different services which almost every
one of these powers have received from the inhabitants
of this island ? Russia, the brave Frederick, and the
Emperor of Germany, and how can we support the idea
that there should be in Europe, men so insensible to the
calamities of their fellow creatures, so blind to their own
interests, as to suffer such a power to be crushed by an
ambitious family, and that States already sufficiently
powerful, should aggrandize themselves with her spoils ?"
Such are the secret thoughts of many in this country,
but not a word or hint escapes in conversation. They
are sent to you, because they afford a clue for the whole
political conduct of Great Britain in future, and for the
present too, for it is impossible otherwise to account for
the inattention of this country to the commerce and
friendship of the United States of America ; they are
keeping up their navy, and sacrificing every thing to
VOL. v.— 17
130 JOHN ADAMS— JOHN JAY.
seamen, in order to be able to strike a sudden and awful
blow to the house of Bourbon, by setting South America
free, and they rely upon it the United States will not
oppose them.
With great and sincere esteem, &c.
JOHN ADAMS.
FROM JOHN ADAMS TO JOHN JAY.
Grosvenor Square, June 6, 1786.
Dear Sir,
I do myself the honor to enclose papers relative to
African affairs, although Mr. Jefferson has transmitted
them before, as it is possible his conveyance may fail.
The intelligence all tends to confirm what has been
more than once written to you before, that two or three
hundred thousand pounds sterling will be necessary to
obtain a perpetual peace. It is very clear, that a peace
would be worth more than that sum annually, if you com-
pute insurance, and the Levant, Mediterranean, Portu-
guese and Spanish trade.
If Congress should be empowered to lay on taxes upon
navigation and commerce, or any thing else to pay the
interest of the money borrowed in Europe, you may bor-
row what you will. If that is not done, their servants
abroad had better be all recalled, and our exports and
imports all surrendered to foreign bottoms.
Enclosed is a bill now pending. The system of this
country is quite settled. It is with our States to unsettle
it by acts of retaliation, or to acquiesce in it, as they
judge for their own good.
With great regard, &c.
JOHN ADAMS.
DIPLOMATIC CORRESPONDENCE.
FROM JOHN JAY TO JOHN ADAMS.
New York, August 19, 1786.
Dear Sir,
I wrote to you on the 7th of last month, and also on
the 18th of this, enclosing some papers respecting an
American vessel seized at Barbadoes by a British man of
war. I have been honored with yours of the 16th, 25th
and 28th May, and 6th June last, which, with the papers
accompanying them, were immediately laid before Con-
gress.
The situation in which the want of an adequate repre-
sentation had, for many months, placed Congress, put it
out of their power to decide on several of my reports,
some of which were founded on your letters. These
delays oblige to leave those letters unanswered, and to
leave you without instructions on points on which I think
you should be furnished with the sentiments of Congress.
We daily expect to receive the treaty with Portugal.
I have advised that new commissions be issued to you
and Mr. Jefferson.
You will herewith receive the late requisition of Con-
gress, their ordinance for the Indian Department, and
several other printed papers. A vessel for London has
just touched here, and given me an opportunity of writing
you these few lines. I am mortified to write you such
letters, but that must be the case, until Congress enable
me to write more particularly and satisfactorily. You
want answers to many questions, and though I am not at
a loss to form a judgment what they should be, yet my
private sentiments and those of Congress may not coincide.
With great* and sincere esteem, &c.
JOHN JAY.
JOHN ADAMS— JOHN JAY.
FROM JOHN ADAMS TO JOHN JAY.
Grosvenor Square, June 16, 1786.
Dear Sir,
Two days ago, I was honored with your letter of the
4th of May, in which another of the 1st of the same
month is referred to, and as I hear there is a passenger
expected from the packet, I hope to receive it from him
when he arrives in town.
Lord Carmarthen told me yesterday, " that he had
letters from Mr. Anstey, mentioning his civil reception."
His Lordship said, too, that a " Minister Plenipotentiary
would certainly be sent to Congress, that it was not from
any coldness or want of respect to the United States that
it had not been already done, but merely from the diffi-
culty of finding a proper person, that he had received
many applications, but they had been generally from per-
sons who, he was sure, would not be agreeable in Ame-
rica; and in some instances from persons more suitable for
a place in the Customs, than in the Corps Diplomatique."
A long conversation ensued upon the subject of the
posts, debts, &c. little of which being new is worth re-
peating. The policy of giving up the interest during
the war, and of agreeing to a plan of payment by instal-
ments, was again insisted on, from various considerations,
particularly from the evident injustice of demanding inter-
est for that period. It was urged that the claim of inter-
est, in most cases, was grounded upon custom, and the
mutual understanding of the parties; but that it never
had been the custom nor had it ever been understood or
foreseen; that an act of Parliament should be passed,
casting the American debtor out of the protection of the
Crown, cutting off all correspondence, and rendering all
DIPLOMATIC CORRESPONDENCE. 133
intercourse criminal, for that was the result and the legal
construction during the whole war. Here his Lordship
fully agreed with me, and even outwent me in saying that
" it was very true that, by construction of the law of this
land, it was high treason in a creditor, in Great Britain,
to receive a remittance from his debtor in America dur-
ing the war." His Lordship added some slight expres-
sions concerning the interest, and wished that the Courts
were open for recovering the principal. We might leave
the interest for an after consideration. In short, they
waited only for some appearance of a disposition. The
answer to my memorial of 30th November, contained
their true intentions. They sincerely meant to fulfill
every engagement whenever they saw a disposition on
our part. These expressions, you see, are somewhat
oracular, but they conveyed so much meaning to me that
I will no longer hesitate to recommend to Congress to
to take up this matter, and decide it at once. It would
be going too far to point out the mode, but it may be
suggested to require of all the States, who have made laws
irreconcileable to the treaty, immediately to repeal them,
declaring, at the same time, that interests upon book
debts and simple contracts, during the war, cannot be
considered as any part of the bona fide debts intended in
the treaty. As to specialties, there may be in some
cases, more difficulty. Yet I do not see but the same
reasoning is applicable to all. The legal contract was
dissolved by throwing us out of the protection of the
crown, and our subsequent assumption of independence,
and had no existence until revived by treaty. Pri-
vate honor and conscience are out of this question. Those
who think themselves bound by these ties will do as they
134 JOHN ADAMS— JOHN JAY.
please. But I believe under all the circumstances, few
persons, even of the most delicate sentiments, will be
scrupulous. If such a declaration should be made by
Congress, candor will require that it should extend to
both sides, to the British and refugee debtor, to American
creditors, as well as vice versa.
If Congress should choose to avoid involving them-
selves in such a declaration, it. would not be proper for
individual States to do it, and in this case, I humbly con-
ceive the laws ought to be repealed, and the question left
to the judges and juries, who, upon the strictest construc-
of law, equity and the treaty, may in my opinion, in most
cases, if not in all, deny the interest during the war to
the creditor; in some of these ways relief must be had,
or in none, for the Ministry here, will never intermeddle
in the business.
If any one should ask, what was the intention of the
contracting parties at the treaty ? The answer must be,
the treaty itself must determine, and any one who reads
it may judge, as well as one of the Plenipotentiaries.
The word " heretofore " was not used in preference to
the words, " before the war " with any view of the inte-
rest, but to comprehend debts which had been contracted
during the war. The intention was, no doubt, that what-
ever judges and juries should find to be a debt, should
be recovered, and I believe that any man, acting in the
character of either, will find it difficult to say upon his
oath, that interest during the war is bona fide due. Did
any debtor, foreseeing the war contract a debt, and pledge
his faith to pay interest during the continuance of it ?
Let this be proved, and a judge or juror, would compel
payment. But probably, there is not one such case.
DIPLOMATIC CORRESPONDENCE. 135
The war may be considered as one of those accidents,
bona fide not expected or foreseen, against which equity
will always give relief.
With great and sincere esteem &c.
JOHN ADAMS.
FROM JOHN ADAMS TO JOHN JAY.
London, June 27, 1786.
Sir,
I have received the letter you did me the honor to
write me, on the 1st of May, and the pleasure of Con-
gress signified in it, shall be strictly observed. You will
perceive by my letter of the 4th jof March, that it was
my determination to make no reply to his Lordship's
answer of the 28th of February, to the memorial of the
30th of November, until I should receive the orders of
Congress. As we hear that the vessel which carried out
that despatch, sprung a leak at sea, 'put into Lisbon, and
did not sail from thence till late in April. I do myself
the honor to enclose a duplicate of Lord Carmarthen's
letter of 28th February, and of the representations of
the merchants enclosed in it.
With great respect, &c.
JOHN ADAMS.
FROM JOHN ADAMS TO JOHN JAY.
London, July 15, 1786.
Sir,
On Wednesday, the 13th, the Marquis of Carmarthen
informed me that Captain Stanhope, of the Mercury
136 JOHN ADAMS— JOHN JAY.
man-of-war, to use his Lordship's own words, " had
received a severe rap over the knuckles from the Lords
of the Admiralty, for his conduct at Boston. His Lord-
ship had received a letter from Lord Howe, accompanied
with a long, dull letter from Captain Stanhope, which,
instead of being a justification of his conduct, was rather
an aggravation of it." His Lordship then called in his
under Secretary of State, Mr. Fraser, and ordered the
letter from the admiralty to be brought to him, which
he read to me, it informed him, that the Lords of the
Admiralty had called upon Captain Stanhope for his
justification of his conduct to Governor Bowdoin, and
had received from him the letter enclosed, for the infor-
mation of his Majesty, which their Lordships, however,
thought no apology ; that their Lordships had accord-
ingly signified to Captain Stanhope, their sensible dis-
pleasure at his conduct, and, as the Mercury had been
ordered home from the American station, their Lordships
would take special care, that he should be no longer
continued in that service.
The Secretary of State was pleased to say farther, that
he would speak to Lord Sidney, concerning the affair of
the eastern line, that Sir Guy Carleton might have
instructions concerning it before he went out.
His Lordship was asked if any appointment had been
made of a Minister Plenipotentiary to the United States,
and answered, not yet.
With great respect, &c.
JOHN ADAMS.
DIPLOMATIC CORRESPONDENCE. 137
FROM JOHN ADAMS TO JOHN JAY.
London, July 30, 1786.
ar« Dear Sir,
I have received the letter you did me the honor to
write me, on the 6th of June, with the ratification of the
treaty with Prussia; as the term limited is near ex-
piring, I shall go over to Holland or send Colonel Smith,
to make the exchange.
Mr. Penn, a Member of the House of Commons,
whose character is well known in America, and in Eng-
land, as a steady friend to our country, will be the bearer
of this, and will be able to acquaint you with the present
disposition of this Court and nation, and I believe his
information, although a British subject and senator, will
not be materially different from mine.
I cannot but lament from my inmost soul, that lust for
paper money, which appears in some parts of the United
States, there will never be any uniform rule, if there is
a sense of justice, nor any clear credit, public or private,
nor any settled confidence in public men or measures,
until paper money is done away.
It is a great satisfaction to me, to learn that you have
received in my letter of the 4th March, the answer of
this Court to the memorial respecting the posts, as that
is a despatch of more importance than all others you have
received from me. I shall be anxious to know your sen-
timents upon it. You will not expect me to answer Lord
Carmarthen's letter, nor to take any further steps con-
cerning it, until I shall receive the orders of Congress.
I wish for the instructions of that august body concern-
VOL. v.— 18
138 JOHN ADAMS— JOHN JAY.
ing a requisition in their name for the negroes. Whether
I am to demand payment for them, at what prices,
and for what number.
With great regard, &c.
JOHN ADAMS.
FROM JOHN ADAMS TO JOHN JAY.
London, July 31, 1786.
Dear Sir,
Paul Randall, Esquire, who has been with Mr. Lamb
to Algiers, will have the honor to deliver this letter, in
order to lay before Congress, the earliest information of
all that has come to his knowledge, in the course of his
journeys and voyages. He proposes to return, without
loss of time, to New York. He has conducted, as far as
I can judge, with prudence and fidelity, and has merited
a recommendation to Congress.
His salary will be paid him by Mr. Lamb, if arrived
in New York, out of the moneys remaining in his hands.
Mr. Lamb has drawn upon me for three thousand two
hundred and twelve pounds twelve shillings sterling, and
his bills for that sum have been accepted and paid. He
will account with Congress for the expenditure of it, and
pay the balance into their treasury. Mr. Randall was at
some small expense for clothing, which it will be but rea-
sonable to allow him.
There are, it seems, at Algiers one and twenty prison-
ers taken on board the two American vessels. Mr. Lamb
has left some money for their benefit, but, however anx-
DIPLOMATIC CORRESPONDENCE. 139
ious they may be to be redeemed from captivity, there is
reason to fear, that all that money will be expended
before they obtain their liberty, in which case they will
probably write to me for more. I should, therefore, be
happy to receive the instructions of Congress whether I
may be permitted to relieve them, and how far, or
whether they must be left to the care and expense of
their friends in America. If the last should be the de-
termination of Congress, I should think it will be necessary
that some public advertisement should be made, that
those friends may know their duty, according to their
abilities. The provision that is made for the subsistence
and clothing of captives, either by the government or
their masters, is said to be very inadequate to their com-
fort and necessities.
With great respect, &c.
JOHN ADAMS.
FROM JOHN JAY TO JOHN ADAMS.
New York, October 4, 1786.
Dear Sir,
A vessel will sail from hence for London about the
20th instant. By her you will hear from me again.
Since the date of my last, viz: 19th August, I have been
honored with your letters of 16th and two of 27th
June, and 30th and 31st July last, which, with the
papers enclosed with them were immediately laid before
Congress.
You will hear of commotions in New England. The
enclosed account of one at Exeter, New Hampshire,
MO JOHN ADAMS— JOHN JAY-
does credit to the government of that State. Massachu-
setts seems not to have adverted to, obsta printipiis.
A rage for paper money and too little decision, or perhaps
capacity of decision in the construction of our govern-
ments, expose us to inconveniences, for which it is time
to provide remedies. I hope you will soon receive in-
structions relative to the objections against evacuating the
posts. That matter is in train.
Be pleased to forward the enclosed order to Mr. Lamb.
We hear nothing certain respecting the issue of Mr. Bar-
clay's mission. Report says he has made a truce.
With great esteem, &tc.
JOHN JAY.
FROM JOHN JAY TO JOHN ADAMS.
New York, November 1, 1786.
Dear Sir,
My last to you was dated 4th ult., since which I have
been honored with yours of the 15th July last, which
was immediately communicated to Congress.
My report on the answer of the British Minister to your
memorial respecting our frontier posts, is under the consi-
deration of Congress. Your ideas and mine on those sub-
jects very nearly correspond, and I sincerely wish that you
may be enabled to accommodate every difference between
us and Britain, on the most liberal principles of justice
and candor. The result of my inquiries into the con-
duct of the States relative to the treaty, is, that there
has not been a single day since it took effect, on which
it has not been violated in America by one or other of the
DIPLOMATIC CORRESPONDENCE. 141
States ; and -the observation is equally just, whether the
treaty be supposed to have taken effect either at the date
on exchange of the provisional articles, or on the day
of the date of the definitive treaty, or of the ratifica-
tion of it.
Our affairs are in a very unpleasant situation, and
changes become necessary, and in some little degree pro-
bable. When government either from defects in its con-
struction or administration ceases to assert its rights or is
too feeble to afford security, inspire confidence and over-
awe the ambitious and licentious, the best citizens natu-
rally grow uneasy and look to other systems.
How far the disorders of Massachusetts may extend,
or how they will terminate is problematical; nor is it possi-
ble to decide, whether the people of Rhode Island will
remain much longer obedient to the very extraordinary
and exceptionable laws, passed for compelling them to
embrace the doctrine of the political transubstantiation of
paper in gold and silver.
I suppose that our posterity will read the history of
our last four years with much regret.
I enclose for your information a pamphlet containing
the acts of the different States, granting an impost to
Congress.
You will also find enclosed a copy of an act' of Con-
gress of 20th and 21st ult., for raising an additional num-
ber of troops. This measure was doubtless necessary,
although the difficulty of providing for the expense of
it, is a serious one. I flatter myself you will be able to
obviate any improper suspicion, which the Minister may
be led to entertain, respecting the objects of this force.
I have pressed the policy of deciding on my report on
142 JOHN ADAMS— JOHN JAY.
the infractions of the treaty, without delay, that you
may thence be furnished with conclusive arguments,
against the insinuations of those who may wish to infuse
and support opinions, unfavorable to us on those points.
The newspapers herewith sent will give you informa-
tion in detail of Indian Affairs, but they will not tell you,
what however, is the fact, that our people have committed
several unprovoked acts of violence against them ; these
acts ought to have excited the notice of Government and
been punished in an exemplary manner.
There is reason to believe that the people of Vermont
are in correspondence with Canada. This hint by call-
ing your attention to that subject, may possibly suggest
modes of inquiry and further discoveries, on your side
of the water. Some suppose that the eastern insurgents
are encouraged, if not moved, by expectations from the
same quarter; but this is as yet mere suspicion.
I have left my despatches for Mr. Jefferson (which
you will find under the same cover with this) open for
your inspection. You will perceive that the nature of
them is such, as to render it expedient that they should
be conveyed to him without risque of inspection. That
consideration induced me to decline sending them by the
French packet.
With great and sincere esteem, &c.
JOHN JAY.
FROM JOHN ADAMS TO JOHN JAY.
London, October 3, 1786.
Dear Sir,
An event has taken place of too much importance to
the United States, to be omitted in despatches to Con-
DIPLOMATIC CORRESPONDENCE. 143
gress. A messenger arrived at the Secretary of State's
office last night, with a treaty of commerce between
France and England, signed by the Count de Vergennes
and Mr. Eden ; it cannot be supposed that the contents
can be fully known, but it is suggested that England has
stipulated to reduce the duty upon French wines to the
sum which is now stipulated upon Portugal wines, reserv-
ing at the same time a power of reducing those upon the
latter, one third lower than they are, if necessary. A
Minister, Mr. Faulner, is, in the meantime, sent off to
Lisbon, to negotiate there, both this point and another
in dispute with Ireland.
England has stipulated that France shall enjoy all
the privileges in trade, of the most favored nation in
Europe; so that a reservation is made, of a right to
allow the United States of America some superior ad-
vantages.
It is supposed that France is to admit British manufac-
tures, and that all the commerce is to be carried on in
British bottoms.
The treaty is probably subject to the ratification or
consent of Parliament, and will be kept as secret as
possible till the meeting of that assembly.
The consequences of this treaty cannot be indifferent,
and time alone can reveal who is the gainer ; but this is
clear, that if either obtains any considerable advantage
a war* must ere long be the consequence of it, for neither
of these nations can bear to be outwitted by the other,
in commercial affairs.
The negotiation between England and Russia is at a
stand, and the foreign Ministers here are anxious to learn
whether there is to be a better understanding between
144 JOHN ADAMS— JOHN JAY.
London and Berlin, during the present reign in Prussia,
than there was in the last. It is certain that England,
more or less underhand, supports the Prince of Orange,
who is more openly encouraged by his brother-in-law, the
present King of Prussia. France, on the other hand,
has connexions with the republicans, who seem deter-
mined that no foreign power shall interfere in their
internal policy. The Emperor would not be sorry to
see France aud Prussia at variance concerning Dutch
affairs. For all these reasons together, I hope the
patriots in Holland will have a peaceable opportunity to
go through their projected restoration and improvement
of their constitution.
The designs they entertain are interesting to mankind,
in general, as well as to their particular country, since
the principles of liberty and the theory of good govern-
ment may be propagated by them.
A writer of great abilities and reputation, has been
employed to draw up a plan for the settlement of the
Republic , to which many of the ablest men in the
several provinces have contributed their assistance. It
has been published in three volumes under the title
of Grondewellige Herstelling, and near five thousand
copies of it have been sold, which shews the zeal with
which it has been generally approved. The author
of it is Mr. Cerisier, who has been constant to his prin-
ciples, and has professedly recommended the consti-
tutions of our United States as models, as far as the cir-
cumstances will admit. Sevaral cities have reformed
their regencies, according to his ideas, and many more,
perhaps all, will follow their example, if no foreign power
should interfere. In a late excursion to the low countries
DIPLOMATIC CORRESPONDENCE. 145
I happened to be at Utrecht on the day of the ceremony
of administering the oaths to the new magistrates, elected
by the free suffrages of the people. It was conducted
with perfect order, and striking dignity, in the presence
of the whole city, well armed and well clothed in uni-
form, and apparently well disciplined, besides a vast
concourse of spectators from other cities.- A revolution
conducted in this decisive manner and with such decorum,
shows the principles upon which it was founded must
have taken a very deep root.
If neighboring monarchies should not, from jealousies
that democratical principles may spread too far, and, in
time, affect their own subjects, interfere and disturb this
free people ; they will exhibit to the world something
worthy of its attention. When I mention democrati-
cal principles, I do not mean that it is their intention
to establish a government merely democratical, but that a
well regulated commonwealth, consisting in a composi-
tion of democratical, aristocratical and monarchical powers,
without which they are too enlightened to suppose that
peace and liberty can ever be long preserved among
men.
With great and sincere esteem, &c.
JOHN ADAMS.
FROM JOHN ADAMS TO JOHN JAY.
Grosvenor Square, October 27, 1786.
Dear Sir,
When the ratification of Congress, of their treaty with
the King of Prussia, arrived here, the term limited for
VOL. v.— 19
146 JOHN ADAMS— JOHN JAY.
the exchange of it was near expiring, as a few members
of the States General had discovered uneasiness at my
coming to London without going to the Hague to take
leave, it seemed a convenient opportunity to go over
and shew them as much of the respect they required as
remained in my power. Accordingly I went, and making
the customary visits to the President, Pensionary and
Secretary, renewed assurances of the friendship, esteem
and respect of the United States for their high mighti-
nesses and the republic, and the visit appeared to be
kindly received. The exchange of ratifications was soon
made with the Baron De Thulemeier, who had time to
transmit the act of Congress to the great Prince, who first
proposed the treaty, some days before he expired. The
ratification under the signature of Frederic the Great, is
here enclosed.
At the same time, sir, you will receive so much of the
substance of a treaty of commerce, between France and
England, as the ministry have thought fit to publish.
This is so great an event, and must have consequences so
extensive, that I feel myself incapable of forming any
judgment of it upon the whole. Every treaty of com-
merce between these nations for three hundred years,
has been found beneficial to France and hurtful to
England.
But at present this nation is very sanguine the advan-
tage will be theirs. They boast of the superior skill of
their manufacturers, of the superlative excellence of their
manufactures, the multitudes of inventions and machines
peculiar to themselves, by which time and labor is saved,
and productions sold cheaper than in any other country.
A market like France, where five and twenty millions of
DIPLOMATIC CORRESPONDENCE. 147
people have occasion for English fabrics must be a valua-
ble acquisition. Commercial connexions, by softening
prejudices, may lessen the disposition to war, and a friend-
ship, even an alliance with France would enable the
two nations to govern the world. This is, at present,
the style of conversation, and the treaty appears to be
popular.
France and England are both endeavoring, at this
moment to impose upon each other, by professing
desires of friendship which they never felt. The secret
motive of both, is to impose upon the United States
of America. The English imagine that, by assum-
ing an appearance of friendship for France, they
shall excite a jealousy of France in America, and
provoke Congress to break their faith with her. The
French are in hopes that, by putting on a show of famili-
arity with England, they shall stimulate Congress to make
them proposals of closer connexions. The whole, at
bottom, is a farce of political hypocrisy. The United
States will continue steadily, it is to be hoped, on the
reserve.'rwteui
Engla«d is now pursuing her proposals of treaties of
commerce with the Emperor, the Empress of Russia,
with Denmark, and Portugal, and perhaps Spain; France
and the Emperor took the only way to compel England
to treat, when they by their edicts prohibited British
manufactures. The United States must imitate the ex-
ample, or they will never be attended to.
The present appearances of friendship are forced and
feigned. The time may not be far distant, however,
when we may see a combination of England and the
house of Bourbon, against the United States. It is not
148 JOHN ADAMS— JOHN JAY.
in gloomy moments only, but in the utmost gaiety of
heart, I cannot get rid of the persuasion that the fail-
plant of liberty in America must be watered in blood;
you have seen enough in Europe, to know that these
melancholy forebodings are no chimeras. There is such
a disposition in the principal powers who have possessions
in the Indies, that our country will find no other resources,
but to swear her children on the holy altar, to fight them
all at once, in defence of her liberties. It may have
some tendency, to save us from such extremities, if we
enter into treaties with the two empires, for these will
soon be jealous of any connexion between France and
England.
The Chevalier de Pinto's courier is not yet returned
from Lisbon with the treaty. This worthy Minister
makes frequent apologies, an account of the absence of
the Queen in the country, and the unsettled state of
the Court ; but, perhaps, there may be difficulties which
he is not apprised of, or not inclined to mention.
Mr. Barclay's treaty with Morroco is not yet come to
hand. Congress will, I hope, determine whether we are
to send him or any other to Algiers, without more money
in his hands. It would cost us three or four thousand
pounds to send any one, and unless he has power to
offer larger presents, he would only make matters worse.
I hope our country in every part of it, will cherish
their militia as the apple of their eyes, and put every
thing in as good a posture of defence as possible and
keep up a constant expectation of war. This is the best
and most serious advice that can be given by
Dear Sir, &c.
JOHN ADAMS.
DIPLOMATIC CORRESPONDENCE. 149
FROM JOHN JAY TO JOHN ADAMS.
New York, January 17, 1787.
Dear Sir,
Since my last to you of 1st November, I have been
favored with yours of 3rd and 27th October, 1786.
Nothing material has since taken place, Congress have
not made a house since the 3rd November last, there is
a propect of there soon being one; until then their
foreign, and indeed domestic affairs, must continue much
at a stand. You will, herewith, receive the public papers,
you will soon hear from me again.
I am, dear Sir, &c.
JOHN JAY.
FROM JOHN JAY TO JOHN ADAMS.
New York, February 6, 1787.
Dear Sir,
Congress at length begins to do business, seven States
are represented, and General St. Clair was, three days
ago, chosen President.
Since my last to you of 17th ult. I have not had the
pleasure of receiving any letters from you.
You will, herewith, receive a letter from Congress to
the Queen of Portugal, which you will be pleased to
transmit in the manner suggested in my report, of which
you will find a copy enclosed. The Colonel will, 1
hope, be pleased with the commission; being persuaded
that your instructions to him will comprehend every
proper object, I forbear suggesting any hints on that head.
150 JOHN ADAMS— JOHN JAY.
A report on your correspondence with Lord Carmar-
then, relative to the posts and treaty of peace, was made
to Congress on the 13th day of October last, and you
shall be informed without delay of the result of their
deliberations upon that and other points arising from your
letters. As yet no great progress towards a decision on
any of them, has been made.
I find myself too much constrained by the reflection,
that this letter is to go by the packet, to be very par-
ticular.
With great and sincere esteem, &c.
JOHN JAY.
_.a;i£ <'uc5 u;
Y/l &HOI
Office for Foreign Affairs, 7
^___ January 25, 1787. 5
The Secretary of the United States, for the Department
of Foreign Affairs, to whom was referred a letter to
him [from the honorable John Adams, of the 27th
June last, informing that the Queen of Portugal had
ordered ^her ksquadron in the straits to protect the
vessels of the United States equally with those of her
own subjects, Reports:
That in his opinion, as this is a particular mark of her
Majesty's friendly disposition, it should be acknowledged
in the manner most likely to be pleasing and acceptable.
He, therefore, thinks it would be proper for Congress to
write her a letter of the following tenor :
Great and good friend,
We take the earliest opportunity since our annual
election, of presenting to your Majesty our sincere
DIPLOMATIC CORRESPONDENCE. 151
acknowledgments for the friendly regard you have mani-
fested for us, in having ordered your squadron in the
straits to protect our vessels equally with those of Por-
tugal.
Permit us to assure you, that we shall retain this mark
of generous attention in grateful remembrance, and shall
omit no opportunity of testifying our desire to establish
and perpetuate between our two countries, an intercourse
of commerce and good offices, which may prove no less
beneficial than agreeable to both.
We pray God to bless and preserve your Majesty.
Done by the Congress of the United States, convened
at the city of New York, the • day of
seventeen hundred and eighty-seven.
'Goi*<Io t-'i
As this communication was made by the Envoy in
London to Mr. Adams, your Secretary thinks this letter
should be transmitted to him, and that the compliment
would be more delicate if his Secretary was commissioned
to carry and deliver it ; perhaps, too, so striking a proof
of respect might, among other consequences, promote
the conclusion of the treaty.
Mr. Adams, in the same letter, takes notice of the
question whether it would not be expedient for the
United States to wage war with the hostile powers of
Barbary ; but, as your Secretary submitted his sentiments
on that subject to Congress in his report of the 20th day
of October, 1785, he forbears to repeat them in this.
All which is submitted to the wisdom of Congress.
JOHN JAY.
•>* Mr.-»y'Wn#t»Vei- I
1 52 . JOHN ADAMS— JOHN JAY.
FROM JOHN ADAMS TO JOHN JAY.
Grosvenor Square, November 30, 1786.
Dear sir,
Your favor of the 4th of October, I have had the
honor to receive, and have despatched the resolution en-
clpsed in it to Paris, to go from thence to Spain, but I
hope Mr. Lamb is already on his passage for America.
The commotions in New England will terminate in
additional strength to government, and, therefore, they
do not alarm me.
I have lately received from Lord Carmarthen, official-
ly, the enclosed treaty between France and England.
Congress will be able to form a judgment of it with more
accuracy than I can pretend to. There is no obvious
particular in which it can be prejudicial to us. At first
it appeared to be popular here ; at present there is some
appearance of opposition.
There are no symptoms of a more favorable inclination
to a treaty with confederated America, although the taxes
have fallen short very considerably. Mr. Pitt will be
obliged to propose fresh taxes, and the people will bear
them, for, in this country, the people universally endea-
vor to reconcile themselves to their inevitable situation,
and to encounter their difficulties with courage and con-
stancy. They know that the interest of their public
debt must be paid, or they must be ruined, for nobody
ever here is profligate enough even to insinuate, that
public faith and credit is to be trampled under foot, or
trifled with.
It is a pity that every American could not be trans-
ported to Europe for a few weeks to take a view of the
DIPLOMATIC CORRESPONDENCE. 153
taxes paid in France, Spain, Holland and England, and
see how the people live. It would soon reconcile them
to their situation, and make them ashamed to have ever
uttered a complaint. The just complaint of the people
of real grievances, ought to be discouraged, and even their
imaginary grievances may be treated with too great severi-
ty, but when a cry is set up for the abolition of debts, an
equal division of property, and the abolition of Senates
and Governors, it is time for every honest man to con-
sider his situation. The people at large will be misera-
ble dupes indeed, if they indulge themselves in slumbers
which may give scope to a few of the most worthless in
society, in point of morals, as well as property, to ren-
der their lives, liberties, religion, property and characters
insecure. The laws alone can secure any man his own
body, estate or peace of mind ; and if these are scorned,
in God's name what is ever to be respected ? What is
there worth living for?
Doctor White and Doctor Prevost, &c. have arrived
at Falrnouth, but not yet come to town. By them we
expect more letters.
With great respect, &c.
JOHN ADAMS.
FROM JOHN JAY TO JOHN ADAMS.
New York, February 21, 1787.
Dear Sir,
I had the pleasure of receiving two days ago, your
letter of the 30th November, by Mr. Mitchell ; it was
the next morning laid before Congress.
Nine States are now represented, but as yet little pro-
VOL. v. — 20
154 JOHN ADAMS— JOHN JAY.
gress has been made in the business before them. My
report on the infractions of the treaty complained of by
Britain, has been referred to a new committee, and I
think a very good one ; various opinions prevail on the
subject, and I cannot conjecture what the ultimate decision
of Congress on it will be.
The insurrection in Massachusetts seems to bo sup-
pressed, and I herewith enclose the papers containing the
details we have received since the 6th instant, when
I wrote to you by the packet. Your sentiments on that
business prove to have been just.
I ought to write you fully on many subjects, but I am
not yet enabled, when I shall be, cannot be predicted.
Our government is unequal to the task assigned it, and
the people begin also to perceive its inefficiency. The
convention gains ground. New York has instructed her
delegates to move in Congress for a recommendation to
the States, to form a convention ; for this State dislikes
the idea of a convention unless countenanced by Con-
gress, I do not promise myself much further immediate
good from the measure, than that it will tend to approxi-
mate the public mind to the changes which ought to take
place. It is hard to say what those changes should be
exactly ; there is one however, which I think would be
much for the better, viz : to distribute the federal sovereign-
ty into its three proper departments of executive, legisla-
tive and judicial ; for that Congress should act in these
different capacities was, I think, a great mistake in our
policy.
This State in their present session has greatly moderated
their severities to the tories ; a law having been passed
' to restore a very great majority of those resident here to
the rights of citizens.
\
DIPLOMATIC CORRESPONDENCE. 155
1 hope all discriminations inconsistent with the treaty
of peace will gradually be abolished, as resentment gives
place to reason and good faith. But, my dear sir, we
labor under one sad evil, the treasury is empty though
the country abounds in resources, and our people are
far more unwilling than unable to pay taxes. Hence
result disappointment to our creditors, disgrace to our
country, and I fear disinclination in too many to any
mode of government that can easily and irresistibly open
their purses. Much is to be done, and the patriots must
have perseverance as well as patience.
I am dear Sir, &c.
JOHN JAY.
FROM JOHN JAY TO JOHN ADAMS.
New York, April 2, 1787.
Dear Sir,
Since my last to you of 25th February, I have not
been favored with any letters from you.
Congress have made some progress in my report on
your letter of 4th March, 1786, and the papers that
accompanied it ; they lately passed the resolutions of
which you will find a copy herewith enclosed. Having
been ever since and still being too much indisposed to
prepare instructions to you on these subjects, in time for
their being reported and agreed to by Congress, and
transmitted by this opportunity. I send this copy merely
for your information, perhaps it might be well to commu-
nicate it informally to the Minister, I think it would have
a good effect, and tend tt> abate the irritation which long
delays and silence may have occasioned.
156 JOHN ADAMS— JOHN JAY.
The Morocco treaty has not yet arrived, and we are
still in suspense about the fate of the one with Portugal.
What good will result from the convention to be con-
vened in pursuance of the resolution, of which I also
enclose a copy, is uncertain. Something is very neces-
sary to be done; for our difficulties increase day by day.
I am too unwell to write much at this time, nor do I
expect to recover a tolerable degree of health until the
season admits of my taking exercise. Although exceed-
ingly temperate, my digestion is bad, and a lingering
fever hangs about me.
I am, dear Sir, See.
JOHN JAY.
FROM JOHN JAY TO JOHN ADAMS.
ign A
May 3, 1787
Office for Foreign Affairs, }
Sir,
In obedience to the orders of Congress, I have the
honor of informing you, that Phineas Bond, Esquire, has
presented to Congress a commission from his Britannic
Majesty, constituting him Commissary for all commercial
affairs within the United States, and another commission,
constituting him Consul for the States of New York, New
Jersey, Pennsylvania, Delaware and Maryland.
Congress being desirous on this and every other occa-
sion, to manifest their disposition, to cultivate a friendly
correspondence with Great Britain, have received Mr.
Bond in his latter capacity, although no treaty or con-
vention subsists between the <fcvo countries, whereby
DIPLOMATIC CORRESPONDENCE. 157
either have a right to establish Consuls in the dominions
of the other.
As yet Congress have not received any Commissaries
for commercial affairs, and they think it most prudent
not to receive them from any nation, until their powers
shall have been previously ascertained by agreement;
lest as those appointments are seldom made, and both
parties may not have precisely the same ideas of the
extent of the powers and privileges annexed to them,
disagreeable questions and discussions might and probably
would otherwise take place on those delicate subjects.
You will be pleased to submit these reasons to his
Majesty, and to assure him that Congress regret the
objections which oppose their complying with his wishes
in this instance, but that they are ready to join with his
Majesty in such agreements or conventions as may be
necessary to remove them, and which may also tend to
promote and establish a friendly and satisfactory com-
mercial intercourse between the two countries.
I have the honor to be, &c.
JOHN JAY.
FROM JOHN ADAMS TO JOHN JAY.
Grosvenor Square, January 9, 1787.
Dear Sir,
I am unable to give you any account of the reasons
which have prevented the treaty with Morocco from
reaching London. But it has not yet made its appear-
ance. The Tripoline Ambassador sent me a polite
message and desired a conference. It was agreed to, and
158 JOHN ADAMS— JOHN JAY.
his Excellency was pleased to inform me that he had re-
ceived repeated letters to return home, arid should de-
part in a few weeks ; desired to be informed whether any
further instructions had been received from Congress, re-
lative to a treaty with Tripoli. And being answered in
the negative, he said the decree was written in heaven,
and if a peace was pre-ordained between my country and
his, it would take place. He should be happy when he
arrived in his own country, to be instrumental in so good
a work.
The Chevalier de Pinto, with a great deal of real
anxiety, has, last week, renewed his apologies. He has
written to M. de Melo, that it is indecent, that he is
ashamed to think how the business has been delayed.
This worthy Minister sent one of his own favorite do-
mestics, who has called at the Minister's office every day,
but has been detained from the month of May. The
Minister has been sick, that is the excuse. In short, 1
suppose there are parties, and this late negotiation be-
tween France and England has occasioned divisions of
sentiment and the late decease of the King of Portugal,
and the Queen's retirement in the country, and the Min-
ister's sickness, have prevented any determination of any
questions of importance.
According to the usages of the diplomatic order, 1
ought, before now, to have mentioned the death of her
royal highness the princess Amelia, aunt of his present
Majesty, the King of Great Britain, on the evening of
the last day of October last.
On Thursday the fourth day of this month, I had the
honor of a private audience of his Royal Highness the
Duke of Cumberland, having been previously notified
DIPLOMATIC CORRESPONDENCE. 159
by the master of the ceremonies, and presented by him.
All the foreign Ministers who had not been before pre-
sented to his Royal Highness, were presented on that
day. The same ceremonies are used as with the King.
Enclosed is a copy of a letter from the Marquis of
Carmarthen, dated the llth of December last. His
Lordship is mistaken or misinformed, in supposing that
the American Ministers admitted the justness of the claim.
That was wholly out of their power. All they could do,
was to transmit it to Congress, as I now transmit his
Lordship's letter, without any concession or denial of the
justice of it. In my answer to his Lordship, I shall set
him right in this particular.
Enclosed likewise is a letter of '5th January, from
Messieurs Willinks and Van Staphorsts, relative to the
hotel of the United States. There is such a corrosive
dampness in the air of that country, that without the
continual attention of an inhabitant a building falls to
decay very fast. I really think the best thing that can
be done, is to order the house to be sold by Messieurs
Willinks and Van Staphorsts, as soon as possible. This
is the best advice to be given. If it is not sold there
will be constant expenses for taxes and repairs, without
saving the building from ruin. As it is, I do not believe
any American Minister would now live in it. This sub-
ject deserves the immediate attention of Congress.
It is with great pleasure, that 1 am able to inform Con-
gress that the credit of the United States, in Holland, has
not suffered any material shock in consequence of the
relations of tumults and seditions in Massachusetts and
New Hampshire.
With great regard, &c.
JOHN ADAMS.
160 JOHN ADAMS -JOHN JAY.
FROM LORD CARMARTHEN TO JOHN ADAMS.
Lord Carmarthen presents his compliments to Mr.
Adams, and it is with the greatest concern that he has
the honor to acquaint him with the melancholy news of
the death of her Royal Highness the Princess Amelia,
His Majesty's aunt, yesterday evening between five and
six o'clock.
White Hall, Nov. 1, 1786.
FROM LORD CARMARTHEN TO JOHN ADAMS.
White Hall, December 11, 1786.
Sir,
You will be pleased to recollect that, in the month of
May, 1783, Mr. Hartley communicated to you and the
other Plenipotentiaries, then residing in Paris, pursuant
to the instructions he had received, a memorial from the
merchants trading to South Carolina and Georgia, repre-
senting their just claims to an indemnification for debts
due to them from the Creek and Cherokee Indians, for
the payment of which a tract of land, on the western
frontier of Georgia, had been ceded to his Majesty in the
year 1773. I must also desire to recall to your recollec-
tion, that upon this representation being made by Mr.
Hartley, the American Plenipotentiaries, though they did
not think themselves authorized to take cognizance of the
affair, admitted the justness of the claim, and assured Mr.
Hartley that they would transmit it to Congress.
As Mr. Hartley, previous to the conclusion of his mis
sion, received no answer upon this subject, I am under
DIPLOMATIC CORRESPONDENCE. \Ql
the necessity of requesting, you will inform me whether
you are yet acquainted with the determination of Con-
gress relative to this claim, and if not, that you will have
the goodness to take an early opportunity of again repre-
senting the case of these sufferers, as highly deserving the
consideration of the United States, from whose principles
of equity and justice, I cannot but hope, the memorial-
ists will obtain all due relief.
I am, with great truth and regard, &c.
CARMARTHEN.
FROM MESSIEURS WILHEM AND JAN WILLINK AND NICHO-
LAS AND JACOB VAN STAPHORSTS TO JOHN ADAMS.
Amsterdam, January 5, 1787.
We had the honor to receive in due time your excel-
lency's ever respected favor advising us to pay in specie
the premiums of six per cent, for sixty thousand francs,
drawn last October at the charge of the United States.
We shall immediately publish the same together with the
payment of the interest due, 1st proximo, on the loan of
two millions, which will, we trust, have the good effect
upon the credit of America, your Excellency, and we
promise ourselves; such a measure is the best possible
refutation of the exaggerated reports, published with
avidity by persons, through malice or ignorance of the con-
fidence and respect due, to the government of the United
States.
Your excellency will find enclosed a letter from Mrs.
Dumas, with the report of surveyors, of the present
condition of the hotel of the United States at the Hague.
It appears to us something decisive ought to be done in
VOL. v.— 21
162 JOHN ADAMS— JOHN JAY.
this respect without delay. We therefore request your
Excellency to transmit us by the return of the mail your
directions on this head, which shall be punctually follow-
ed. In waiting them, we have begged of Mrs. Dumas
not to incur any but the indispensable necessary expense.
We request your Excellency and your lady together
with Colonel Smith, to accept our best wishes for their
health and happiness during the present and many suc-
ceeding years, and have the honor to be, &tc.
WILHEM & JAN WILLINK,
N. & J. VAN STAPHORSTS.
FROM M. DUMAS TO MESSRS. W. & J. WILLINK AND
MESSRS. N. & J. VAN STAPHORSTS.
The Hague, January 2, 1787.
Gentlemen,
On the receipt of your letter of the 23rd December,
1786, I went with two creditable, impartial citizens, to
the American Hotel, to examine it throughout myself,
together with those who accompanied me. We unfortu-
nately found that the reports which had been made to us
concerning it, were true, and that there is no time to be
lost, to prevent accidents to passengers, and greater
expenses hereafter. I had an inspection made by the
carpenter, to see whether I could accomplish your request
to lay planks, he frankly declared to me that he could
not do it, as all the voor geerel was rotten, and many
parts of the wall were falling, on account of the decay of
the beams. As both you, gentlemen, as well as ourselves
have no views in this business, and as I am certain you
seek only the interest of Congress, as well as ourselves,
DIPLOMATIC CORRESPONDENCE. {&}
and we are equally desirous to prove to Congress that the
steps we have taken are upright and disinterested, I
would not refer either to myself or to the carpenter, but
to other persons ; we therefore sent the .voor Meisters to
examine it, a copy of whose declaration you will find
enclosed, which I did not receive until this morning, on
account of the holidays, although it is dated the 29th
December. I have been obliged by their orders to have
supports fixed under the balcony, until I have your
further orders, which I beg you will send me, gentlemen,
as soon as possible, to prevent any accidents and com-
plaints, which are made to us. I am told that the arms
of the United States can be placed in the room of the
balcony, the rather, as they are ready in the house for
that purpose, and I will have it done in order to preserve
the right of a balcony to the house, i am sorry for the
decay that has happened, but let the matter result as it
may, whether Congress sends a Minister to dwell in it, or
orders to sell it, should it remain in its present condition,
no benefit would arise from it. In short, gentlemen, 1
have informed you of the circumstances as they are, and
in expectation of your orders, I shall conform to them
with exactness and all the economy possible, as to the
expenses.
Permit me, gentlemen, on this return of a new year,
to address my most ardent wishes that heaven may grant
you its choicest blessings, not only for the present but
through years far remote. Be pleased to make my
wishes acceptable to your ladies, with our respectful
compliments, which my spouse and daughter desire me
lo send you.
1 am, &c.
M. DUMAS.
1(34 •">»* A.DAMS— JOHN JAY.
Copy of a certificate of the Surveyors of the building*
on a stamp paper of twelve stuivers.
We, the subscribers, Peter Van Swieten and Jacob
Van Brakel, Surveyors of the buildings at the Hague,
have, at the request of Mr. Dumas, examined what re-
pairs are necessary to be done at the Hotel, belonging to
the United States of North America, situated on Fluwelte
Burgwal in this town, and have found the same to be as
follows:
The balcony with the cross-beam at the front above
the entry, ought to be taken away, and probably must be
entirely renewed, because, in its present situation, it is
dangerous. Several windows in front must be repaired,
some of them are so rotten that the panes of glass are
fallen out. From the top bands in the front, the bind-
ings are removed, and they are not properly secured, in
consequence whereof, the middle part of said front is
projected some inches, and it is to be apprehended that
unless proper care is taken a part of the front will fall
into the street, to the loss of the owners and danger of
passengers.
Thus found by us the 28th December, 1780.
V. SWIETEN,
JACOB VAN BRAKEL,
Hague, 29th Dec. 1786.
FHOM JOHN ADAMS TO JOHN JAY.
Grosvcnor Square, January, 24, 1787-
Dear Sir,
I must beg the indulgence of Congress, while I solicit
their attention for a few moments to some particulars which
DIPLOMATIC CORRESPONDENCE. 165
are very interesting to me personally, and have some re-
lation to the foreign affairs of the United States. It is
now in the beginning of the tenth year since I embarked
first for Europe, in obedience to the commands of the
United States. The various services to which they have
been pleased to destine me, are known to Congress by
their own records, and the particular details of the exe-
cution of their orders, as far as circumstances have per-
mitted, have been transmitted, from time to time, to Con-
gress and their Ministers of foreign affairs, so that it would
be unnecessary to repeat any thing of that kind upon this
occasion. The mission with which they honored me to
the United Provinces of the Low Countries, both as pub-
lic Minister, and as agent to negotiate a loan of money,
is not yet revoked. The commissions to negotiate with
the Barbary States, in which I had the honor to be asso-
ciated with Mr. Jefferson, are still in force. The com-
mission to his Britannic Majesty will expire on the 24th
of February, 1778, this day thirteen months, unless
sooner revoked. I take this early opportunity of inform-
ing Congress of my intention to return to America as
soon after the expiration of this commission as possible,
that measures may be taken in season to complete all the
arrangements, which that honorable assembly may judge
necessary.
I have been a witness of so much respect and affection
to the United States of America, in the Low Countries,
and have there experienced so much candor and friend-
ship to myself, that it is natural for me to wish to take1
leave of their high Mightinesses, with decency, and ac-
cording to the forms that the usages of nations prescribe.
I must, therefore, solicit a letter of recall. It would be a
166 JOHN ADAMS— JOHN JAY.
pleasure to me to go over in person to the Hague, in or-
der to present it; but as I have the most candid assurances
that a memorial sent from hence would be equally well
received, I shall probably avoid the expense of a journey.
If Congress judge a Minister at that Court necessary,
they will appoint one of course ; and if there is further
occasion for borrowing any small sums of money, they
will commission a new agent. Colonel Franks arrived
here this morning with the treaty with Morocco, and will
be despatched to Congress without delay. There is no
probability of any further progress of success with the
Barbary powers, without further orders from Congress,
and larger sums of money. If Congress should give
fresh instructions, and order more money to be appropri-
ated, I must request that they will associate some other
person with Mr. Jefferson, if they should not judge it
more convenient for that able and excellent Minister to
conduct it alone, or designate some other single person to
the service. It may be the intention of Congress to re-
call me from this Court, before the expiration of their
present commission, but as this would be a measure of
eclat, perhaps they may judge it more prudent to avoid it.
If Congress determine to send another Minister, I hope
it will be done in such season that he may arrive before
my departure. If no other Minister is sent, it will, per-
haps, be thought necessary to leave the negotiation in
the hands of a Charge d'Affaires. Colonel Smith has
at present only a commission as Secretary of Legation. 1
may be permitted, I hope, without presuming too far, to
recommend him to this office, and solicit it for him.
When he was appointed secretary he was unknown to
me, even by name. He has since formed a connexion in
DIPLOMATIC CORRESPONDENCE. 167
my family, which renders it delicate for me to say any
thing in his favor. Such a circumstance, however, can-
not forfeit his title to justice from me ; and it is no more
to say that his conduct, his talents, and his industry,
merit a much higher station than has yet been assigned
him. You know perfectly well, sir, that the office even
of a public Minister of the second order, is a station ex-
tremely humiliating at any Court in Europe. At Ver-
sailles, at Madrid, at the Hague, and at London, the differ-
ence between Ambassadors and Ministers Plenipotentiary
or Envoys is so immense, that the latter are little more re-
garded than the maitre d'hotel of a Minister of State. This
is a fact known to you, but not known to our countrymen,
and, therefore, I think it my duty to mention it that it may
be considered, the place of Charge d'Affaires is so much
below that of Minister, and that of simple Secretary of
Legation so much below that of Charge d' Affaires, that
nothing can reconcile a gentleman who has commanded in
an army through a whole war, with reputation to it, but the
most decided determination to sacrifice his feelings to the
good or rather to the sense of his country. I need not
add, that in the present times and circumstances, these
things are more intolerable in England than else-
where.
May I be permitted to request that Congress would
be pleased to take up this subject as soon as then: more
important affairs will permit, that their arrangements may
be received in Europe, in time to despatch the few things,
both of a public and private nature that will remain for
me to do. A letter of recall from Holland, and an ap-
pointment in my place in the commission to the Barbary
States are of importance to be expedited early. If they
168 JOHN ADAMS— JOHN JAY.
do not arrive in season before the expiration of the com-
mission to St. James, I shall presume that it is the inten-
tion of Congress to take no further arrangements in those
affairs, and embark with my family for America in one
of the early spring ships in 1788.
With great respect, &tc.
JOHN ADAMS,
^,/,^>S*%'^.^t>fr .
-
FROM JOHN ADAMS TO JOHN JAY.
London, January 27, 1787.
Sir,
We had the honor of transmitting to Congress, copies
of the commission and instructions, which, in pursuance
of the authority delegated to us, were given to Mr.
Barclay, to conduct a negotiation with Morocco.
Mr. Barclay has conducted that business to a happy
conclusion, and has brought with him testimonials of his
prudent conduct, from the Emperor of Morocco and his
Minister, so clear and full, that we flatter ourselves Mr.
Barclay will receive the approbation of Congress.
Mr. Barclay has received somewhat more than four
thousand pounds sterling, for the expenses of presents
and all other things.
Colonel Franks, who accompanied Mr. Barclay in his
tedious journeys and difficult negotiations, in the charac-
ter of Secretary, will be despatched to Congress, and
will have the honor of delivering this letter, together with
the treaty, the Emperor's letter to Congress, and a
variety of other papers relative to his mission, a schedule
of which is annexed.
DIPLOMATIC CORRESPONDENCE. 169
The resolution of Congress, vacating Mr. Lamb's
commission and instructions, has been forwarded to him,
and we have repeatedly advised him to return to New
York. That gentleman has received somewhat more
than three thousand pounds sterling of the public money,
for which he is accountable to Congress.
We beg leave to recommend Mr. Barclay and Colonel
Franks to the favorable consideration of Congress.
It is no small mortification not to be able to communi-
cate any intelligence concerning the treaty with Portu-
gal ; the Chevalier de 'Pinto is equally uninformed. His
own confidential domestic, despatched to Lisbon last
spring, has been constantly waiting on the Minister for
an answer, but has obtained none, and has not yet re-
turned to London. The treaty between France and
England, has probably excited parties and surprise in
Portugal, and the system of men and measures is not yet
settled ; the apologies are, the Queen's absence in the
country, and the Prime Minister's indisposition.
The article of money is become so scarce and precious
that we shall be obliged to suspend all further proceed-
ings in the Barbary business, even for the redemption of
prisoners, until we shall be honored with fresh instruc-
tions from Congress.
With great respect, &tc.
JOHN ADAMS.
FROM THO. BARCLAY TO JWESSRS. ADAMS AND JEFFERSON.
Cadiz, Octobers, 1786.
Gentlemen,
By the bearer, Colonel Franks, I do myself the honor
to send you in a small box the following articles.
VOL. v.— 22
170 JOHN ADAMS— JOHN JAY.
1st. A book containing the original treaty in Arabic,
between the Emperor of Morocco and the United States.
2nd. Three translations of the treaty in English to
each of which is added a translation of a declaration
made by Tahar Fennish by order of his Majesty, in
addition and explanation of the tenth article.
3d. A letter from the Emperor to the President of
Congress.
4th. The translation of this letter in English.
5th. Translation of the Emperor's letter to the King
of Spain.
6th. A letter from Tahar Fennish to the Ministers at
Paris and London and translation.
;7th. Signals agreed on by which the Moorish and
American vessels may distinguish each other ^it sea.
8th. The answers to the queries you put me dated
Tangier the 10th September.
9th. An account of some other particulars relative to
this country, dated Tangier, 13th September.
10th. An account of the proceedings relative to the
treaty, dated Ceuta, 18th September.
llth. Copy of commission given to Francis Chiappi
of the city of Morocco, until the pleasure of Congress
shall be known, and the names of the agents at Mogador
and Tangier.
These matters have been detained a considerable time
from you by various accidents, among which, contrary
winds and stormy weather, were a part. But I hope, as
all such impediments are now removed, you will receive
them with the utmost expedition. The original of the de-
claration made by Mr. Fennish could not be placed in the
same book with the treaty sealed by the Emperor, the
Moorish forms not permitting it. Therefore, Mr. Fennish
3&— .7..-
DIPLOMATIC CORRESPONDENCE. 171
wrote it in another book, which I had placed in his hands,
with a copy of the treaty for examination, in order that
he might certify the verity of it, lest any accident should
happen to the original, which book, with authenticated
copies of the other papers, remains in my hands.
I am with great respect, &c.
THOMAS BARCLAY.
FROM THOMAS BARCLAY TO MESSRS. ADAMS AND JEF-
FERSON.
Madrid, November 7, 1786.
Gentlemen,
I wrote to you from Cadiz the 2nd of last month, a
copy of which goes under the cover of this, and the
original with the papers mentioned therein, will, I hope,
be very soon delivered to you by Colonel Franks.
On my arrival here, I had the pleasure of receiving
Mr. Jefferson's letter of the 26th of September, inform-
ing me that for the present, any further attempts to ar-
range matters with the Barbary States are suspended.
I had determined as soon as I should know this to be the
case, to embark for America ; but the season being so far
advanced, I shall put off the voyage until the spring, and
hope to have the satisfaction of taking your commands
personally before I go. Mr. Carmichael communicated
the whole of the letters which Mr. Lamb has written to
him from the time of his first leaving Madrid ; and on the
perusal, it struck me that an interview with him might
he attended with some desirable consequences, as he had,
on account of his health, declined Mr. Carmichael 's re-
172 JOHN ADAMS— JOHN JAY.
quest of coming to meet me at this place. If I had any
doubts of the propriety of this measure, they would have
been removed by Mr. CarrnichaePs opinion, and by the
paragraph of a letter written by Mr. Jefferson to Mr.
Carmichael, the 22nd of August. I need not add that
the objects which I have in view are to obtain as distinct
an account as possible, of what has been done, and to
give Mr. Lamb an opportunity of settling his accounts.
Though I have a commission from Congress to settle all
their accounts in Europe, perhaps Mr. Lamb may not
think that his engagements are included in this general
power, 'or he may not choose to communicate freely with
me without the permission of the ministers, and, there-
fore, if Mr. Jefferson approves of it, I wish he would
write a letter to Mr. Lamb, mentioning me to him as a
confidential servant of the public, to whom he may safely
trust the particulars of our situation, and give me such
information as he will be sure to. have faithfully delivered
to Congress, if I arrive safe in America. Mr. Jefferson
will also, if he pleases, point out to Mr. Lamb how con-
venient the opportunity will be for an adjustment of the
accounts, and if there is any balance to be remitted by
Mr. Lamb to Mr. Adams, I will give my best advice as"
to the mode in which it may be done with the greatest
advantage and security to the public. If Mr. Jefferson
writes to Mr. Lamb on this subject he will be so good as
to enclose it to me, with such hints and instructions as he
he shall judge proper, under cover to Mr. Carmichael.
It will be some time before I can set out on this! journey,
as I am charged with a letter to the King from the
Emperor of Morocco, which, by an appointment, 1 am
to deliver at the Escurial the 13th. The Count d'Espilly
DIPLOMATIC CORRESPONDENCE. 173
came to town yesterday, and to-morrow I expect to see
him, as it is certainly in his power to give a good deal of
information respecting the Barbary States. Whatever I
can collect shall be communicated to you, and I only add
that I am clearly of opinion that this journey is not only
proper but necessary.
I am with great respect, &c.
THOS. BARCLAY.
UJI(OCO,,,,r
FROM THOMAS BARCLAY TO MESSRS. ADAMS AND
JEFFERSON.
Escurial, November 15, 1786.
Gentlemen,
1 came here a few days ago to deliver a letter from the
Emperor of Morocco to the King, which I put into the
liana's of the Count de Florida Blanca, acknowledging
the sense I had of his attention, and thanking him with
great sincerity for the part he had taken in our business
at Morocco. He seemed very much pleased with our
success, and smiling, replied, ct now that we have happily
finished this treaty, we will see what we can do with
others for you." I am persuaded that this Minister is
extremely well disposed to serve our country, and I
doubt not but this Court will greatly strengthen our
endeavors with the Barbary powers. It is the decided
opinion of the Count d'Espilly, that nothing ought to be
attempted with Algiers at present, and that you should
begin with the Porte ; he proposes setting out for Africa
some time hence, and promises a continuation of his
good offices. He remarked, that if we could capture
174 JOHN ADAMS—JOHN JAY.
one Algerine cruiser, it would greatly facilitate a treaty,
but this mode of negotiating would, I think, prove more
expensive than any other, and it ought to be our last
resort. I am informed by a letter from M. Chiappi, of
Mogador, that a vessel is arrived there, the master of
which reports that on his passage from Lisbon he saw an
Algerine frigate of forty guns and four zebecks, and that
the people who were on board one of them, informed
him they were going to cruize on the coast of America,
but I cannot give credit to the account, as the season of
the year is far advanced, and we have not heard that any
of the Algerine cruizers have passed the straits of Gib-
raltar, within which, I hope the Portuguese squadron will
keep them, this being all that may be expected from
them. To-morrow I shall return to Madrid, and from
thence to Alicant, from whence I shall give you as clear
an account of Mr. Lamb's situation as circumstances will
admit of. I believe there are some effects belonging to
the United States at Corunna, worth looking after ; it is
some years since, in consequence of a letter from Mr.
Morris, I endeavored to recover them, I shall take all
the information I can of their value, and if it appears
clearly that they are worth so much attention, I will
return to France by that place, if not, I shall go as soon
as possible home by the shortest route.
I am, with great respect, &c.
'BARCLAY.
.
DIPLOMATIC CORRESPONDENCE. 175
No. 4.
Translation. (No. 3.) A letter from the Emperor
of Morocco to the President of Congress.
In the name of the most merciful God, no power can
exist on the earth, without the will of the powerful and
Almighty God.
From the servant of God Mohamed Ben Abdelkack,
may God be with him. Amen.
To his Excellency the President of the Congress of the
United States of America. Peace to him who fol-
lows the right way of God.
This is to acquaint you that we received your letter by
the hands of your Ambassador, Thomas Barclay, who
delivered to us likewise another from the King of Spain,
from the contents of these letters we learned that you
were disposed to establish a treaty of commerce and
peace with us, such as we have with other Christian
powers, to which having agreed, we have completed a
treaty by sea and land on the terms desired of us, and
the articles are inserted in a book, confirmed by our
royal seal being affixed thereto.
We have ordered all our servants, who command at
our sea ports, to receive your vessels and citizens who
shall come to our dominions, and treat them as we do
the Spanish nation, and all our ports from Tetuan to
Wadnoon are open to you, at any of which your vessels
may anchor in safety, and your people transact their busi-
ness at their own pleasure. In answer to his Majesty,
the King of Spain, we have acquainted him with what has
been done, and we remain in perfect peace and tranquilli-
ty with you.
176 JOHN ADAMS— JOHN JAY.
Concluded the first of the blessed month of Ramadan
in the year 1,200.
I certify the above to be a true copy of the translation
made by Isaac Cardoza Nunes, interpreter at Morocco, of
a letter from the Emperor of Morocco to the President
of Congress, which was dated the first day of the Rama-
dan, 1,200, being the 28th of June, 1786.
THOMAS BARCLAY.
No. 5. ,.„:.;
Translation of a letter from the Emperor of Morocco
to the King of Spain.
In the name of the most merciful God. No power
can exist on earth, without the will of the most powerful
and Almighty God.
From the servant of God Mohamed Ben Abdelkack.
May God be with him. Amen.
To his Catholic Majesty Charles the Third, King of
Spain, the two Sicilies and Indies. Peace to him who
follows the right way of God.
This is to acquaint you that we have received the let-
ter you sent to us by the American Ambassador, Thomas
Barclay, Eaq. by the contents of which we understood
that the United States of America wished to establish a
treaty of peace and commerce with us, which we have
accordingly completed by sea and land ; and since you
have been the mediator between us, we have given their
Ambassador an amicable audience, and received him with
pleasure and satisfaction, and we have agreed to all the
articles of the treaty according to his desire, which we
have confirmed by ordering our royal seal to be annexed
DIPLOMATIC CORRESPONDENCE. 177
thereto ; and, having thus complied with all the wishes of
the United States, their people are ready to depart for
your place.
There will arrive to you seven of your people who suf-
fered shipwreck on the coast of the Saharah, and the re-
mainder of the crew, we trust in God, shall soon after
follow.
Concluded the first day of the blessed month of Rama-
dan in the year 1,200.
I certify the above to be a true copy of the translation
made by Isaac Cardoza Nunes, Interpreter of Morocco,
of a letter from the Emperor of Morocco to the King of
Spain.
THOMAS BARCLAY.
No. 6.
Translation of the letter from his Excellency Sidi Hage
Taker Ben Fennish to their Excellencies John Adams
and Thos. Jefferson, Esquires.
Grace to God who is the sole unity. Whose kingdom
is the only existing one.
To their Excellencies John Adams and Thomas Jeffer-
son, Esquires.
This is to acquaint you that I am ordered, by the Em-
peror my master, (whom God preserve) to acknowledge
the receipt of your letter, signed at London and Paris on
the first and llth October, 1785, which has been deli-
vered into his own hands by the honorable Thomas Bar-
VOL. v.— 23
178 JOHN ADAMS— JOHN JAY.
clay, Esq., who came to this Court in order to negotiate
an amicable peace between my master, (whom God pre-
serve) and all his dominions, and those of the United
States of America. This matter has been happily con-
cluded to the satisfaction of all parties. The contents
of this treaty you will learn from your Envoy, the said
Thomas Barclay, to whom his Imperial Majesty has de-
livered it, together with a letter for the United States.
I have likewise his Imperial Majesty's orders to assure
you of his entire approbation of the conduct of your
Envoy, who has behaved himself with integrity and honor
since his arrival in our country, appearing to be a person
of good understanding, and therefore, his Majesty has
been graciously pleased to give him two honorable, favor-
able, and impartial audiences, signifying his Majesty's
perfect satisfaction at his conduct.
As I am charged with the affairs of your country at
this Court, I can assure you that I will do all that lies
im my power to promote the friendly intercourse that is
so happily begun, and of the assistance I have already
given in your affairs, your Envoy will acquaint you, and
concluding, I do sincerely remain. Morocco, the first day
of the blessed month of Ramadan, 1,200.
Servant of the king, my master, whom God preserve.
TAKER BEN ABDELKACK FENN1SH.
I do hereby certify the above is a true translation
from the Arabic language of the annexed letter.
ISAAC CARDOZA NUNEZ.
Morocco, 19th July, 1786,
DIPLOMATIC CORRESPONDENCE. 179
FROM THOMAS BARCLAY TO MESSRS. ADAMS AND JEF-
FERSON.
Tang-iers, November 10, 1786.
Gentlemen,
1 am at present waiting for a fair wind to embark for
Ceuta, to avoid the quarantine in Spain, and I embrace
the delay occasioned by the strong easterly winds that
have prevailed for some time to reply to the queries with
which you honored me at parting. You put them re-
specting the Barbary States generally ; but as my busi-
ness has been with the Emperor of Morocco only, I shall
confine myself to what relates to his dominions, and will
state the answers in the order you put the queries.
COMMERCE. The articles exported from this country
are the gums arabic, sandrach and Senegal, beeswax, cop-
per in blocks, morocco leather, almonds, dates, figs, and
walnuts; lemons, and oranges might be had was there
wood in the country to make boxes to pack them in.
Great quantities of olive oil and oil of argan, (a fruit some-
what resembling an olive,) are exported, particularly to
Marseilles, where it is used in making soap ; mules are
exported to Surinam, and to other parts of America, both
on the continent and among the islands, many of those
animals passing from Constantina to Mogador by land,
being a journey of 1,000 miles. Elephant's teeth, gold
dust, and ostrich feathers are brought from the southward
by the people who trade as far as to the river Niger, and
are sold and shipped at Mogador, the most southerly port
in the Empire, except Santa Cruz, from which last place
the Emperor forbids any foreign trade to be pursued; and
from Mogador and Daralbeyda the export of wheat is
180 JOHN ADAMS— JOHN JAY.
very great. Morocco imports from Spain, Portugal, and
Italy several of the manufactures of those countries, par-
ticuly silks, linens, and woollen cloths. With England
and Holland the trade is more general, and comprehends
not only the same kind of goods, but a variety of others,
such as iron ware of various sorts, including tools made
use of by workmen, tinware, steel, iron in bars, copper
utensils, shipchandlery, and cordage for the repairing de-
ficiencies in merchant vessels. Wine and spirituous li-
quors, for the use of the Christians, may be imported from
any part of the world, duty free; but the use is forbid-
den to the Mahometans, nor is there any thing in the
country sold by measure but grain. They import rice
from the Levant which is of an inferior quality to the
American rice, and 1 believe a little of this article might
answer, and perhaps the consumption increase; but this is
conjecture, for there is no answering for the taste of the
Moors. Flour they have much cheaper than the price
at which we can supply them. They raise a good deal
of Tobacco themselves, and some pretty good about Fez
and Mequinez, none of it however is equal to ours, but
the consumption of American tobacco would be confined
to the Europeans, and consequently it would not prove of
much consequence. Furs are not used here, and they
want neither fish nor oil. Provisions of all kinds are
cheap, and their sea coast furnishes with abundance of
fish for common use, and their ramadan or lent does not
permit the use of fish more than of flesh, being a strict
abstinence from all kinds of food or drink for about sixteen
hours of the twenty-four. There is no demand for tar or
turpentine, each merchant ship bringing as much as is
likely to be wanted for the voyage, and the Emperor is
DIPLOMATIC CORRESPONDENCE. 181
supplied from the Baltic. Ship timber would certainly
be a most agreeable object to the Emperor; but he is the
only person in his dominions who would purchase it, and
the price would be made by himself. He was anxious to
know whether we had this article in America. Ready
built ships, that is, frigates properly fitted out for sea and
armed, would prove the most acceptable article that
could be sent to him ; but his making a purchase of any
would depend on the opinion he had of the value. He
some time ago encouraged the building of one at Genoa,
and when she arrived at one of his ports, he rejected her
on account of the price.
The duties of goods imported with a few exceptions,
is a tenth part of the goods. Foreign hides pay three
dollars, and iron and steel four dollars per quintal ;
cochineal, and alkermes are monopolized by the Em-
peror, and sold at a great advance on the price, the
former is used in dying the Morocco skins, and the
latter in dying the caps, such as the soldiers and many
of the inhabitants wear. Ostrich feathers are a mono-
poly in the hands of a Jew at Mogador, without whose
permission none can be exported. Offences committed
against the interest of the revenue, are punished by fine
imposed by the Emperor, sometimes with great severity,
never with less than the crime deserves. All countries
pay the same duties, but the King will sometimes favor
an individual by the remission of part of the ordinary
duties in return for some service, or as a mark of his
approbation. The Moors are not their own carriers, nor
is there any trading vessels under the colors of the Em-
peror. From this short state it will appear that few of
the articles, produced in Morocco, are wanted in our
182 JOHN ADAMS— JOHN JAY.
parts of America, nor could any thing manufactured here,
find a sale there, except a little Morocco leather, which
is very fine and good, and the consumption of it in the
Empire is almost incredible. They make some gold
and silver thread at Fez, and in various parts of the
country coarse and fine stuff for Alhaiques, a good many
carpets, some coarse linen, and a great many red woolen
caps ; and these articles I think compose the whole of
their manufactures, which from the unskilfulness of the
people who work at them, the leather excepted, are too
dear for exportation; still this country holds out objects to
the Americans, sufficient to make a treaty of peace and
commerce, a matter of consequence. Our trade to the
Mediterranean is rendered much the securer for it, and
it affords us ports where our ships may refit if we should
be engaged in an European war, or in one with the other
Barbary States. Our vessels will certainly become the
carriers of wheat from Morocco to Spain, Portugal and
Italy, and may find employment at times when the navi-
gation of our country is stopped by the winter season,
and we shall resume our old mule trade from Barbary to
Surinam and possibly to some of the West India Islands.
With respect to the prices of the exports of this country,
I will add a list of them, together with one of the duties.
PORTS. I will enlarge a little on this subject by
giving you a general idea, not only of the best ports in
the Empire, but of all that are of any consequence,
omitting Waladia, Azamor, and some others which in no
degree, in my opinion, deserve to be ranked in the num-
ber. I will begin with the most southerly, which is the
only one of them which I have not seen.
SANTA CRUZ is the only sea port in Sus, and is situated
DIPLOMATIC CORRESPONDENCE. 183
about ninety miles to the southward of Mogador, and six
from the western extremity of Mount Atlas, between the
end of that mountain and the sea, from which it is dis-
tant half a mile. It is placed on the declivity of a hill,
and cannot be injured by any shipping ; there are no
fortifications, nor any guns mounted, except two for
signals ; the road for vessels is open, but the anchorage
good, being a hard sandy bottom, and the depth of water
so gradual that ships may anchor in such as suits them
best. There are about two thousand houses in the town,
and the trade was very considerable until the Emperor
ordered the pert to be shut up ; it was the mart for all
the commodities of Tafilet and Sus, and is the thorough-
fare through which the inhabitants of the sea coasts pass
to those kingdoms or to the Saharah. The trade is now
removed to
MOGADOR, a town built by order of the present Em-
peror, containing two thousand houses and eleven thou-
sand inhabitants, as appears by an account taken previous
to a distribution of corn being made a few months ago by
order of the Emperor. About a mile from the shore
runs a tongue of land called the island of Mogador, and
between the land and the island the ships anchor and
may pass in safety, if they draw no more than fifteen
feet water, some say sixteen feet, the island proves a
considerable shelter for them, but a strong southerly or
southwest wind incommodes them much, occasioning a
swell in the channel which is sometimes dangerous, the
bottom is hard and rocky, and it is necessary to put buoys
to the cables to prevent them from cutting. The town
Is defended by two batteries, one of nine iron and thirty-
three brass cannon, twenty of which are fine Spanish
184 J°HN ADAMS— JOHN JAY.
guns, left at Gibraltar in the last siege ; the other, of
'either five or six iron guns, and twenty brass, and thirty-
three more may be mounted. On a rock to the north-
ward of the town is a battery of ten guns, and on the
main land, to the southward, one of sixteen, another of
ten guns is now building, and on the island are five little
forts of five guns each. The Moors consider Mogador
as a strong place, though some people think, that all the
batteries being of stone, is a great disadvantage, many of
the guns, all of which are about eighteen pounder cannon,
are yet unprovided with carriages, but the town being a
place much esteemed by the Emperor, he is doing every
thing in his power to strengthen and improve it; the num-
ber of guns actually mounted is one hundred and eighteen
or one hundred and nineteen.
SAFIA. This town is situated on the side of a hill,
about two miles from the southerly point of cape Cantin;
it was once a place of importance, but it is now decaying
very fast, and at present the inhabitants are interdicted
from all foreign trade. The anchoring ground is very
good, in water which varies in depth from twenty-five
to forty fathom, but there is little shelter, (indeed almost
none) and if it blows hard, as it sometimes does in
winter, ships must put out to sea for security. The prin-
cipal fortification is founded on a rock, and capable of
mounting a great number of cannon; there are three iron
and five brass guns mounted, of about eighteen pound
shot ; the brass guns were made at Constantinople, and
ten or twelve small guns lay unmounted ; it is a place of
little strength as it now stands, and is reduced from four
thousand houses, which it is said to have contained, to
about eight hundred.
DIPLOMATIC CORRESPONDENCE. 185
MASAGAN was one of the strongest places in Barbary,
when in the hands of the Portuguese, about eighteen
years ago. The Emperor learning that orders were come
from Lisbon, that the town should be evacuated, and the
fortifications destroyed, marched with a considerable army
and train of artillery, and, while the inhabitants were
executing the instructions from their court, bombarded
the place, so that between the two parties it was left in a
state of desolation. Of fifteen hundred houses, it retains
about four hundred of the meanest, that were most
easily repaired ; the ruins, however, show that it was a
place of consequence, ships of any draught of water
may lay at some distance from the town, the soundings
being gradual, and the anchoring ground good. But
there is no shelter, and if it blows hard the ships must
run out to sea.
DARALBEYDA is at present remarkable for the great ex-
port of wheat, which has taken place there within twelve
months, and which has amounted perhaps to half a million
of bushels. It is a poor place, containing four or five
hundred miserable huts. The anchoring ground is good
in some parts, with a sandy bottom in twelve fathom
water, in other parts the bottom is stony and rocky, and
in winter is dangerous.
RABAT is built on 'the banks of the Buragrag, where
that river enters the sea, and divides it from Salee, which
is on the opposite shore at about a mile distance. Rabat
contains about 2,500 houses, and is one of the best look-
ing towns I have seen in Barbary. The entrance into
the river is much obstructed by a Bank of sand which
runs across the mouth of it, and which is constantly
shifting. At ordinary tides vessels drawing eight feet
VOL. v.— 24
186 JOHN ADAMS— JOHN JA\.
water may pass, and at spring tides those of twelve, but
sometimes loaded vessels in the river are obliged to
remain there three or four months for a passage out,
which they can only have by the shifting of the sands.
There are three forts at this place ; one on a point
which commands the entrance of the river of ten guns,
and two on the sea shore ; one of which is of eight, and
the other intended for sixteen guns, of which three only
are mounted. There is also a castle or fort without
guns upon the hill on which the town is built.
SALEE is built on an eminence on a point of Buragrag.
At its entrance into the ocean opposite to Rabat, it is
defended towards the sea by a battery of eight pieces of
cannon, and is surrounded by a double wall. The streets
are narrow and dirty, and the houses mean, the number
being about 2,500. As the navigation is in common with
Rabat, what has been said in the last article needs not
be repeated. This place, which has been long famous
for its depredations against the Christians, seems to be
declining fast, but the same observations were made on it
some centuries ago.
MAMORA is situated on a high rock on the southern
side of the river Cebu, a mile above its entrance into
the sea, and where the river is about a half a mile broad.
It was formerly a place of considerable importance, but
is now in the last stage of desolation. There are the
remains of two fortifications almost entire, and which
seem to be built since the town has been destroyed. .One
of them is near the sea shore and on the declivity of
the rock once mounted twelve guns, and at present has
three of brass and one of iron mounted. The other fort
stands higher up, was once of the same strength with
DIPLOMATIC CORRESPONDENCE. 187
the former, but is now without guns. The remains of
the walls, ditches and defences, shew that this was once
deemed a place of consequence, though a bar runs a-
cross the mouth of the river that prevents the entrance
of large vessels, as the Portuguese experienced in an
expedition which they made against it in the year 1515.
LARACHA. It is a strong place but not of considerable
extent, situated on the top and declivity of a hill facing
the port where the ships lie. It is a barred harbor with
a narrow channel sufficient for one vessel to pass, and
ships bound in must keep the shore, as a seaman would
term it, close on board on the starboard hand. At com-
mon tides there are twelve feet water on the bar, and in
spring tides depth sufficient for any vessel, which can lie
safe in the port well defended from any winds, and where
sixty or eighty sail may take the ground in soft mud with-
out any injury. The channel is defended by three forts ;
the one farthest from the town of eight guns ; the next
nine, and the other three ; and every vessel going into
the harbor must pass along close by these guns. On the
entrance into the harbor is a pile of batteries raised over
each other in three stories, each battery consisted of
twenty guns, but the only ones mounted are sixteen brass
of about sixteen pound ball, which guns are in the middle
battery. This pile has an air of great strength, but part
of the middle battery having sunk near two feet, I
think the whole work must be greatly weakened by this
misfortune. On a parallel with this middle battery runs
a small one of three guns ; on an angle, one of eleven ;
and below, nearly on a level with the sea, one of nine ;
so that the number of batteries are nine, and that of guns,
if all were mounted, would be one hundred and three;
188 JOHN ADAMS— JOHN JAY.
but of these, perhaps fifty are wanting ; there are, how-
ever, a considerable number of guns scattered about
without carriages, and, from appearances, there seemed to
be little apprehension of a necessity of using any. The
last attack on this place was made by the French in 1768
or 1769, when they forced their way in boats, under the
cover of their ships, into the harbor, with a design to de-
stroy the shipping, but the tide going out, left them a prey
to the Moors, who never make prisoners on such occa-
sions. I think the French lost four hundred and thirteen
men, being about one half of their whole number, the
rest remaining on board the ships, and the Emperor order-
ed their heads to be sent to Morocco, where he paid two
ducats a piece for about two hundred that were preserved
for him. I saw ten or twelve Moors at Laracha, who
assisted in repelling this invasion, and who spoke of it with
great seeming pleasure. The people supposed the
French were come to possess themselves of the country,
and took up arms very generally to oppose them. A
strong citadel once commanded the harbor. It is situated
on a hill with a ditch surrounding a part of it, but it is
tumbling to ruins. The inside of the walls contains
nothing but narrow alleys, across which a great number of
low arches are turned, the use of which I could neither
learn nor conjecture, and a great many miserable huts.
ARZILLA, is a little walled town that has seen better days.
The houses, in number two or three hundred, are going
fast to decay, as well as the fortifications. The walls
have been strong and are encompassed with a ditch; there
are three or four guns mounted, and, on a fort which lies
some distance from the town, six or eight. Over one of
the gates are the arms of Spain. A reef or ledge of rocks
DIPLOMATIC CORRESPONDENCE. 189
runs along the coast, but it is broken so as small vessels
may pass in, and large ones may anchor on the outside
in ten fathom water, but there is neither port nor shelter.
TANGIER is one of the most ancient cities in Barbary,
it has undergone many revolutions, and was once a place
of splendor and commerce, the whole country distin-
guishing itself from the name of the city.
The King of Portugal took it in 1471, and in 1662 it
was delivered to Charles the second, of England, as part
of his wife's dowry, and it was by that monarch improved
at an expense of two millions sterling. In 1684 it was
destroyed and abandoned by the English ; the mole?
where a first rate man-of-war could ride in safety, was,
with incredible labor, destroyed ; the fortifications and
walls were not only blown up, but the ruins tumbled
into the harbor, in short, in about six months, the English
made a considerable progress in the destruction of the
port, which has since remained in the quiet possession of
the Moors. The town is placed on the right hand side
of the entrance into the bay, on a hill, two miles from
the sea, and about five miles distant from an opposite
point, on which a battery of ten guns is placed. The
form of the bay is that of the third part of a circle, and
the number of houses in the town about eight hundred,
said to be half as many as were in it when the English
had possession ; at present, small vessels may come in
and lie ashore on a soft beach, without danger, but large
ones must anchor at a distance in the bay, and in case of
blowing weather must put to sea for safety. The batte-
ries here are, one almost level with the sea, and consist-
ing of thirteen guns of twelve or fourteen pound ball;
the rest are on the hill, viz : one of nine brass guns of
190 JOHN ADAMS-JOHN JAY.
about twenty-four pound shot, cast in Portugal, and
three more may be mounted ; a second of twelve new
iron guns of twenty-four pound shot, cast in England,
and seven more may be mounted ; another of seven
iron guns of twelve or fourteen pound shot; exclusive
of these are two little batteries of two guns each. The
battery which was situated on the top of the hill, near
the castle where the Basha resides, and which contained
eighteen guns of sixteen pound ball, was totally destroyed
about twelve months ago by the blowing up of the maga-
zine where the Emperor's powder was stored; all the
fortifications are going to decay, and seem very unequal
to a contest of any consequence. Tangier is about seven
miles from Cape Spartel, and consequently may be said
to be within the straits leading to the Mediterranean.
TETUAN is situated to the eastward of Ceuta, which
lies between Tangier and that place, but being in the
hands of the Spaniards (as well as Melilla and Penon de
Velez) does not come under my notice. Tetuan lies on
the river Marteen, about six miles from the Mediterranean
sea, the custom house at Marteen being about half way
between the city and the sea. Across the mouth of this
river also runs a bar on which there is only six feet water,
and as there is little tide here, the depth never exceeds
eight feet, and seldom is so much. Vessels must there-
fore lighten on the outside of the bar, and can then pass
up the bay and river three miles to the custom house and
from thence to town, no boats but small ones with fruit
can go, owing to the shallowness of the river. The
town is built on a hill at the foot of a mountain, and has
only one fort or citadel flanked with four towers, and
mounting twenty cannon to defend it. The houses are
DIPLOMATIC CORRESPONDENCE. 191
said to be about two thousand five hundred, and the
inhabitants exclusive of Jews, twenty thousand; but the
estimation a few years ago was double this number. No
Christian is permitted to enter the city, and, therefore,
this account of it depends on the veracity and knowledge
of some Jews who visited me at my encampment near it.
On the river Marteen, within half a mile of the Medi-
terranean, is a square castle, at which five guns of sixteen
pound ball are mounted.
From this view of , the ports belonging to the Emperor,
it will be seen that none are good, that Laracha is the
best, next to which are I think Salee and Tetuan, but I
believe the place from whence I write might, with great
abilities and industry, and, at a great expense, be made
a most valuable sea port; I think also that Masagan might
be made a place of great importance.
NAVAL FORCE. The whole naval force of this country
consists of ten frigates carrying one hundred and seventy
guns, which at present are employed in this manner.
1 at Daralbeyda of eighteen guns, six pound ball,
4 sailed from Laracha for Daralbeyda of sixteen
guns, to load corn and barley for the Emperor, to dis-
tribute among his subjects.
1 at Laracha of 22 guns, > .
1 at do of 14 do ] S1X P°und shot'
1 at do of 12 do four pound do.
2 gone to Constantinople with presents of salt petre,.
and silver to the Grand Signior, of 20 guns each.
This is the state of the Emperor's fleet at present, and
the five frigates which are to take in grain at Daralbey-
da,. are those, the Commodore informed me some time
ago, were to go on a cruize. His ten half galleys which.
192 JOHN ADAMS— JOHN JAY.
I saw at Marteen are laid up on shore irrecoverably per-
ished. He has, however, given orders for building some
galleys and half galleys, two of which are on the stocks
here. The number of seamen employed is about seven hun-
dred and ninety-eight men, and one thousand apprentices,
and he can increase the number as much as he pleases,
by ordering his governors to put others on board his ves-
sels. A few days ago he made a general request to all
foreign Consuls, that each of their nations should send ten
seamen to improve his people in the art of navigation,
promising to pay each person who will come, half as much
more as he receives in his own country. He has not any
treaty of peace with Russia, Hamburg, Dantzick, or Mal-
ta, but he wrote some days ago to the sea ports that he
was not at hostilities with any nation whatsoever, except
the United States. The resources for increasing his navy
are not internal, at least they depend chiefly on his neigh-
bors. He has a good deal of small live oak and cork-
wood, which last is esteemed very good wood, when cut
in a proper time and seasoned, and the properties of the
former are well known. The prizes that are brought in
also furnish timber for the building, and are broken up for
that purpose. The rigging, sail canvass, anchors, ship-
chandlery, tar, pitch and turpentine, are furished by Hol-
land, England and Sweden, and his frigates are often re-
paired at Gibraltar without any expense to him, and one
returned from thence, since we left Morocco, the fitting
out which cost the British seven thousand pounds sterling.
The season for cruising is in the summer, or rather from
April to September, and the grounds to the northward as
far as the coast of Portugal; to the westward, off the
Canaries, and Western islands and in the Mediterranean.
DIPLOMATIC CORRESPONDENCE. 193
His frigates are in good order and his seamen neither very
excellent nor despicable.
PRISONERS. There are not any prisoners or Christian
slaves in the empire of Morocco, except six or seven
Spaniards, who are in the Saharah or desert, and which
the Emperor is endeavoring to procure, that they may be
delivered to their country. This part is not in strict
obedience to the King, though governed by his son Ab-
derhammon, from whom it is somewhat difficult to pro-
cure the release of Europeans that are cast away in those
parts, and his Majesty has no way to get them but by
encouraging the southern traders to purchase and bring
them to Morocco, or to prevail on -his son to send them ;
and here it will be doing a piece of justice to the Empe-
ror, which he well deserves, to say that there is not a man
in the world who is a greater enemy to slavery than he is.
He spares neither money nor pains to redeem all who
are so unfortunate as to be cast away, whom he orders
to be fed and clothed, until they are returned to their
country. The Venitian Consul told me that the King,
being some time ago possessed of 60 Christians, the Consul
had a commission sent to him to redeem them, at an ex-
pense of one thousand dollars each, but, when his Ma-
jesty was applied to he answered that he would not sell
them, but that the grand master of Malta (with whom he
was not at peace,) having liberated some Moors, these
Christians should be delivered up as a compliment to
him. At another time his Majesty made a purchase of
some Moorish slaves, who were in the possession of the
Christian powers on the coast of the Mediterranean, for
which he paid one hundred and sixty thousand dollars,
without showing any regard to which of the Barbary States
VOL. v.— 25
194 JOHN ADAMS— JOHN JAY.
they belonged, and set them all at liberty without any
condition whatever. The expense of redeeming slaves
in the days of Muley Ishmael and Muley Abdallah was
about one thousand dollars a head, or three Moors for one
Christian.
TREATIES. I do not think there is any danger of the
present Emperor's breaking any of his treaties intention-
ally, or in matters of consequence. He some time ago,
however, settled the duty on the export of barley by
treaty, with the British, and soon after increased it;
the English merchants at Mogador intended representing
this matter to the Emperor, and did not doubt but it
would be put to right. He said not long ago, that if an
European vessel took on board any of his subjects who
went on a pilgrimage to Mecca, and landed them any
where but in his dominions, he would go to war with the
nation to whom the vessel belonged, and on being told
that there was nothing in any of the treaties to prevent
an European vessel from doing this, he replied, if that
was the case, he would not break the peace, but it
would be a peace without friendship. When this Em-
peror dies, there will probably be great contentions, and
I suppose treaties will avail little, either at sea or land,
until these contentions are adjusted.
LAND FORCES. The grand-father of the present King
raised an army of one hundred thousand negroes, from
whose descendants the army has ever since been recruit-
ed. But these standing forces, at different times, and for
various reasons, have been reduced to the number of four-
teen thousand seven hundred and sixty-seven, four thou-
sand of whom are stationed at Morocco, and the remainder
in seven regiments in the different provinces. Their pay,
DIPLOMATIC CORRESPONDENCE. 195
including the maintenance of a horse, is one ducat per
month, ten fanegas of wheat, fourteen of barley and
two suits of clothes annually, and the King frequently
makes distributions among their families, and whenever
he sends any of them on particular business, such as
conducting foreigners through the country, they are well
paid. At the commencement of a campaign, he gene-
rally gives them ten ducats, and at the end of it five, and
it is his inclination and endeavor to keep them satisfied.
All his male subjects are born soldiers, and in case of
necessity, all who are able are obliged to attend him in
the field.
I suppose the Emperor has fifty thousand horses and
mules distributed through his dominions, which he recalls
when he pleases and places at pleasure in the hands
others. These are all considered as obliged to take the
field at a moment's warning, and I have often heard, and I
believe it to be true, that in a few weeks, should an in-
vasion from the Christians be dreaded, (the fear of which
is always accompanied by an idea that they come to take
possession of the country,) the Emperor could bring into
the field two hundred thousand men. But I doubt
much whether he could equip half the number. The
strength of this country certainly lies in his land forces,
on their own ground, which would ever prove formidable
in case of an invasion. Both regular troops and militia
are extremely expert in manoeuvreing on horseback, at
skirmishing, at sudden attacks, and at sudden retreats ;
but I apprehend they would cut but a bad figure in an
open field against European troops. On this subject, I
can only add, that when the Emperor wants soldiers, he
orders such of the Bashas to join him as he thinks pro-
196 JOHN ADAMS— JOHN JAY.
per with the number of men wanted. The present Em-
peror has not had much occasion to call forth the strength
of his country. In 1774, he went against Melilla with
eighty thousand militia, which I think was the greatest
draft he ever made.
REVENUE. The amount of this article is very fluctuat-
ing and uncertain, it consists of the following items ;
duty on exports, which varies according to the will of
the Emperor.
Duty on imports, which is in the same state, but at
present, taking it generally, is ten per cent.
Tax of ten per cent, on all the grain raised in the coun-
try, on the cattle and other moveable property, which,
however, is rated so much in favor of the proprietors,
that it does not produce one half the value.
Tax on each city according to its abilities.
Tax on tobacco brought into the cities, of little conse-
quence being farmed at 3,000 dollars per annum.
Fines on the Bashas or rather public officers for offences
of any kind.
Fines for smuggling goods which are arbitrary.
Fines imposed on towns or provinces, for revolting,
quarrelling with each other, or for offences committed
by individuals when the offenders are not discovered.
Property, which falls into the hands of the Emperor,
at the death of any public officer whose account with
the public is unsettled.
Proportion of prizes made at sea.
Profit on cochineal and alkermes.
Presents from foreign nations and from his own subjects.
There are a few other articles, such as coining money,
&,c. not worth enumerating, nor does any knowledge of
DIPLOMATIC CORRESPONDENCE. 197
these, which I have mentioned, enable me to write as par-
ticularly about each as I could wish; the sum of four
millions of Mexican dollars, is, by many, thought a high
rate to state his annual revenue at, but Mogador and Da-
ralbeyda will pay, between them, one million of dollars in
duties for the last year, and I think the other places and
other articles will certainly produce three times as much
though he receives no taxes from Tafilet, and little
from Sus.
LANGUAGE. The common language spoken in the sea
ports is the Moorish, which is a dialect of the Arabic, the
difference, either in speaking or writing, between the two
being very little. A language is spoken in the moun-
tains and in the eastern part of the Empire, called Bere-
bere (or, as it is usually pronounced, the Breber) tongue,
and the European language that is the best known is the
Spanish, for all the Jews, who are very numerous, speak
it. French, Italian and English are pretty equally under-
stood, and rank after the Spanish.
GOVERNMENT. The government is that of absolute
monarchy without limitation. The Emperor is the su-
preme executive magistrate, in whom is united all spirit-
ual and temporal power, and his people hold their lives
and property totally at his will and pleasure.
The life of the meanest of his subjects cannot be touch-
ed, except in an emergency; but by his own order, or by the
order of some Basha to whom he has delegated the power
of life and death, a power he rarely places out of his own
hands, criminals from the most distant provinces are sent
to Morocco, where the King hears the complaints against
them, and, as soon as he pronounces sentence, it is exe-
cuted on the spot, and this is always at an audience.
198 JOHN ADAMS— JOHN JAY.
When we left Morocco no execution had taken place for
four months. This Court does not depend in any degree
on the Ottoman Porte, nor any other power whatever;
but there is a strict friendship between the Grand Signior
and the Emperor, and as there is a possibility of a war
between the Turks and Russians, the Emperor thinking
it a kind of common cause, being between Christians and
Musselmen has shewn his disposition lately to aid the
Grand Signior by sending him two twenty gun frigates
with salt petre and silver to a very considerable amount.
RELIGION. The Moors of the Empire of Morocco,
profess the Mahometan religion and obedience to the
precepts of the Koran, but the Emperor holds the power
of dispensing occasionally with such as he thinks proper.
Thus the exportation of corn, which is prohibited by the
Koran, is permitted by the King. With respect to their
piracies, I believe they do not proceed from any religious
principle. It seems to be the general opinion that they
took rise on the expulsion of the Moors from Spain, in
the reign of Philip the Third, when seven hundred thou-
sand were banished from that country; that necessity and
revenge first instigated them to commit depredations on
the Europeans, and their hands were strengthened, and
hatred increased by the final expulsion in the reign of
Ferdinand and Isabella, when seventeen thousand families
joined their friends on the sea coast of this side of the
Mediterranean. A piratical war begun against the
Spaniards, was extended to the other Christian powers,
and all the Barbary States have been enabled to support
this war, from the supplies given them by the maritime
powers of Europe, many of which seem contending with
each other which shall enable the Moors most to injure
the trade of their neighbors.
DIPLOMATIC CORRESPONDENCE. 199
What I have said on this article I give as the best
information I can procure, but it is not satisfactory, and I
am persuaded the origin of these depredations is of a
much older date, for early in the seventh century, the
Spaniards made a descent on the town from which I write
to revenge the piracies committed by the people of this
country.
CAPTURES. No American vessel has been taken by
the Emperor but one, which was commanded by Captain
Irvvin and bound from Cadiz to Virginia ; she lies on the
beach at this place, and the Emperor ordered the Basha
to deliver her and the cargo to me; but as I understand
she had been insured in Spain, I did not choose to
take her under my care. The Emperor has no treaty
with Russia, Germany, Hamburg, Dantzic or Malta.
But there seems to be a cessation of hostilities with all
the world. He had ordered five frigates to be fitted for
sea, and I think it more than probable they were intend-
ed to cruise against the Americans.
Having thus answered the queries which you were
pleased to make, I shall at present conclude with the
assurance of my being always with great respect and
esteem, &c.
THOMAS BARCLAY.
Prices of Goods in Mogador, in June 1786.
Wheat, 5 to 6 ounces the sal — duty, 1 Spanish milled
dollar, and 1 barbary ounce per fanega.
Olive oil, 34 ounces per quintal— duty, 2 dollars 1 ounce
per quintal.
200 JOHN ADAMS— JOHN JAY.
Wool, 5 ducats per quintal — duty, 2 dollars.
Elephant's teeth, 30 ducats per quintal — duty 4 dollars.
Bees wax, 27 ducats the great quintal of 150 Ibs. —
duty, 15 dollars.
Gum arabic, 10 ducats — duty, 2 dollars and 1 ounce.
Senegal, 14 do. do. the same,
sandrach, 62 do. do. the same.
Copper in blocks, 11 ducats — duty, 5 dollars.
Shelled almonds, 6 ducats — duty, 1 dollar and one
ounce.
Mules for exportation, 30 to 35 — duty, 10 dollars.
Red morocco skins, as in quality about 10 ounces per
skin, duty free.
Coins.
The gold ducat 16 ounces. Value, nearly 7s. 8d.
sterling.
Silver do. 10 do. 4s. 9d£.
The ounce of 4 blanquils, a silver coin worth nearly
5|d. sterling.
The blanquil of 24 fluces do. value about Hd. sterling.
The fluce, a copper coin, value, about £ of a farthing
sterling.
Note — when the ducat is mentioned in the prices of
goods, the silver ducat is understood.
Weights.
14 Mexican dollar make one ounce.
16 ounces, or 20 dollars, a pound.
10 pounds, or 200 dollars, the small quintal.
15 pounds, or 300 dollars, the great quintal.
DIPLOMATIC CORRESPONDENCE. -^01
Measure.
Thecoudre, or cala, 2i of which make a French aune,
or II an English ell nearly.
Measures for liquors, none.
_^»«ee*—
No. 9.
FROM THOMAS BARCLAY TO MESSRS. ADAMS AND JEF-
FERSON.
Tangier, September 13, 1786.
Gentlemen,
Though in a letter, written at this place, dated 10th
inst., I gave you a long answer to the questions with
which you charged me, I will now add some farther par-
ticulars on the subject of this country, which you will
possibly be inclined to know. The Emperor is on the
most cordial and friendly footing with Spain, the presents
made him from that Court have been uncommonly great,
and among other articles lately sent, were eighty thou-
sand dollars in specie.
It was some time ago debated in the council at Ver-
sailles, whether war should not be declared against Mo-
rocco for the treatment which the Emperor gave Mr.
Chinie, the French Consul, when he was last at Moroc-
co. The fact was that the Emperor wrote to Rabat,
desiring to see the Consul at the Court, from which Mr.
Chinie excused himself on account of his health, which
the Emperor was informed was very good. Some time
after the Consul went up to Morocco, with a letter from
M. De Castries, in answer to one which the Emperor
had written to the King of France, but the Emperor was
VOL. v.— 26
202 JOHN ADAMS— JOHN JAY.
so much offended at the letter not being from the King
himself, and at Mr. Chinie for not complying with his
desire to go to Morocco, that he would not look at it,
but ordered it, at the public audience, to be tied round
the Consul's neck, and dismissed him. The late pro-
consul of France has been very successful in reconciling
matters, and the present Consul was very well received
while I was in Morocco, the Emperor, however, strongly
advising him to avoid the ways of his predecessor.
The Swedes are bound by treaty to send an Ambassa-
dor once in two years, and the presents are considerable
and very useful to the Emperor.
The Danes are bound by treaty to pay an annual tri-
bute of twenty-five thousand dollars.
The Venetians, by treaty also, are bound to pay ten
thousand chequins, being about twenty-two thousand
dollars.
The presents from Holland are more considerable than
those from any of the three last mentioned powers, but
they are not stipulated.
The English pay also very high without being bound
to do so by treaty, and they enjoy, at present, very little
of the Emperor's friendship or good wishes. There is
not a nation on earth of which he has so bad an opinion,
and I have heard him say they neither minded their trea-
ties nor their promises. It would be going into too long
a detail to mention all the particulars that gave rise to
these prejudices, which may very possibly end in a war.
The Emperor of Morocco has' no treaty with the Em-
peror of Germany, and has given notice to the Imperial
Consul at Cadiz, that unless the Emperor of Germany
sends him three frigates he will cruise against his vessels.
DIPLOMATIC CORRESPONDENCE. 203
With the Portuguese he is very friendly, their men of
war come into this bay to get supplies of provisions and
other necessaries, during their cruises against the Alge-
rines ; and a man of war of sixty-four guns, which is lying
at anchor here for that purpose, will sail in a few days to
join the Portuguese squadron of six vessels, that are now
in the Mediterranean to prevent the Algerine cruisers
from getting into the Atlantic. By the treaty between
Portugal and Morocco, the Emperor is not to allow his
vessels to cruise to the northward of Cape Finisterre.
I have already mentioned the situation of the Em-
peror with the Porte, with Tunis and Tripoli he is on
very good terms, but a coolness has subsisted between
him and the Dey of Algiers for some time, which began,
I believe, upon the Emperor's having made peace with
Spain without communicating with the Dey. " I am told,
however, that some late friendly overtures have been
made from Algiers, which will probably reinstate the
countries in their old situation.
The dominions of the Emperor consist of the king-
doms of Fez, Morocco, Tafilet, and Sus, and his influ-
ence extend a great away into the Desert. Fez, and
Morocco, are in many parts very fertile in corn, fruit and
oil, and any quantity of wine might be raised, but the
use of it is prohibited. The last harvest has produced
an increase of forty for one, an assertion, which from
examination, I know to be true, and thirty for one is not
deemed extraordinary. The resources of the country
are great, but the cultivation of those resources slovenly
to a degree. All the arts and sciences are buried in
oblivion, and it appears almost impossible that these are
descendants of the people wbo conquered /Spain, ruled
204 JOHN ADAMS— JOHN JA\.
it for seven hundred years, and left some very striking
memorials behind them in that country. The streets
and houses in the city of Morocco are despicable beyond
belief, with here and there the remains of something,
that with the Mosques, shews the -city was once of
more consequence. There are schools in all the towns
where reading and writing are taught, and in some places
arithmetic, and very rarely a little astronomy, and these
branches comprehend the learning of the Moors. The
people seem to be warlike, fierce, avaricious and con-
temners of the Christians. The Arabs, who dwell in
tents, despise the inhabitants of the cities, but unite with
them in their attachment to the sovereign. The Em-
peror is sixty-six years of age according to the Maho-
metan reckoning, which is about sixty-four of our years.
He is of a middle stature inclining to fat, and has a re-
markable cast in his right eye, which looks blacker than
the other. His complexion is rather dark owing to a
small mixture of the negro blood in him. He possessed
in his early years all the fierceness of his ancestors, but
being intrusted by his father in public matters, he turned
his thoughts on the art of government, and, during his
father's life time, obtained absolute dominion not only
over the country, but over his father, who intrusted
every thing to his management, approving even of
those acts which he did contrary to his instructions,
and the most perfect friendship always subsisted between
them. It is about twenty eight years since he ascended
the throne without a competitor, since which he has
taken the utmost pains to conquer those habits and
prejudices in which he was educated. One of his people
not long ago, making a complaint of some ill treatment
DIPLOMATIC CORRESPONDENCE. 205
he had received, and not meeting such redress as he e,x-
pected, broke out into some language that the Emperor
was not accustomed to hear; his Majesty, with great tem-
per, said, " had you spoke in such terms to my father
or grandfather, what do you think would have been the
consequence?" The King is fond of accumulating wealth,
and distributing it. The sums he sends to Mecca are so
extraordinary that they occasion conjectures that he may
possibly retire there one day himself. He is religious,
and an observer of forms, but this did not hinder him, on
a late journey from Salee to Morocco, to strike out of the
direct road, and go to a saint's house, where a number of
villians (about 300) had taken sanctuary, every one of
which he ordered to be cut in pieces in his presence. He
is a just man, according to his idea of justice, of great
personal courage, liberal to a degree, a lover of his peo-
ple, stern, rigid in distributing justice, and though it is
customary for those people who can bring presents never
to apply to him without them, yet the poorest Moor in
his dominions, by placing himself under a flag, which is
erected every day in the Court, where the public audiences
are given, has a right to be heard by the Emperor in pre-
ference to any Ambassador from the first King upon
earth, and to prefer his complaint against any subject, be
his rank what it may. His families, which are in Moroc-
co, Mequinez, and Tafilet, consist of four Queens.
Forty women, .who are not married, but who are at-
tended in the same manner as if they were Queens.
Two hundred and forty-three women of inferior rank;
and these are attended by eight hundred and fifty-eight
females who are shut up in the seraglios, and the number
of eunuchs is great. The last Queen which he married
two years ago, is now about fourteen or fifteen years
206 JOHN ADAMS— JOHN JAY.
of age, and his children are sixteen sons and seven
daughters.
I shall conclude this letter with a short account of the
two audiences I had. The first was a public one at which
which there were about one thousand people present.
The Emperor came out on horseback, and we were pre-
sented by the Basha of Morocco. After inquiring what
kind of a journey we had and whether we came in a fri-
gate, he asked the siuation of America with respect to
Great Britain, and the cause of our separation. He then
questioned me concerning the number of American
troops during the war, and since the peace, of religion, of
the white inhabitants and of the Indians, of the latitudes
of the United States, and remarked that no person had
sailed farther than the 80th degree of north latitude, and
inquired whether our country produced timber fit for the
construction of vessels. He then asked for the letters,
and ordering the one from the King of Spain to be open-
ed, he examined it and said he knew the writing very
well.
He then looked at an alarm watch which happened to
strike, and asked several questions about it. He con-
cluded by saying, " send your ships and trade with us.
I will do every thing you can desire;" at which he looked
round to his great officers and people, who all cried out
" God preserve the life of our master." He then ordered
his gardens to be shewn to us, and the- American boy to
be sent to me.
The second audience was in the garden, when the King
was again on horseback, and as soon as we bowed to him
he cried bona! bona! and began to complain of the treat-
ment he had received from the English. He examined
a watch which was among the presents, and an atlas with
DIPLOMATIC CORRESPONDENCE. 207
which he seemed very well acquainted, pointing out tome
different parts of the world and naming them, though he
could not read the names as they were printed. He asked
to see the map of the United States, which was among
the others, and after examining it called for a pen and
paper and wrote down the latitudes to which his vessels
had sailed ; after which he put down the latitudes of
the coast of America, desiring to know which were
the best ports, and said he would probably send a ves-
sel there. I presented him with a book containing the
constitutions of America and other public papers, and
one of the interpreters told him it also contained the rea-
sons which induced the Americans to go to war with Great
Britain. Let these reasons, said he, looking over
the book, be translated into Arabic and sent to me as
soon as possible. After some talk about tobacco, the day
of the month, and the sun's declination, and saying he
would order a bag of herbs of great and peculiar qualities
to be sent to me, I informed him that I would appoint
Mr. Francis Chiappi, of Morocco, as an agent to act in
behalf of any American citizen, who, coming to this
country, may have occasion for his service, or to trans-
mit to his Majesty, through Mr. Tahar Fennish, any let-
ters or papers from the Congress of the United States,
until the farther pleasure of Congress shall be known.
In this account of the audiences I have omitted some
particulars which were of no consequence, and what I
have related serves only to shew the turn of thinking
which the Emperor possesses, and the objects that engross
his attention.
I have the honor to be, &,c.
THOS. BARCLAY.
208 JOHN ADAMS— JOHN JAY.
FROM THOMAS BARCLAY TO MESSRS. ADAMS AND
JEFFERSON.
Ceuta, September 18, 1786.
Gentlemen,
As you will probably wish to know the particulars of
the negotiations of the treaty with the Emperor, and as
the perusal will not take up a great deal of time, I shall
lay them before you.
After the first audience was over, Mr. Tahar Fennish
in whose hands the negotiation was placed, came from
the Emperor and informed me that his Majesty had read
the translation of the letters. That he had made a trea-
ty with Spain very favorable for that country, that he
would write to his Catholic Majesty to give a copy of
that treaty, from which one with the United States might
be formed, and that he would either request the King of
Spain to order it to be signed at Madrid, or it might be
sent to Morocco for signature by express. I replied that,
I had taken a long journey in order to make this treaty,
and that I would be very sorry to return until it was
finished. If Mr. Fennish would give a copy of the
Spanish articles, I would point out such as would be
necessary for us, and I doubted not but we would soon
agree upon them.
Mr. Fennish said, that some of the papers were at
Mequinez, and some at Fez, and that it would be im-
possible to collect them so as to make them useful on
this occasion. I answered, that if permission was given
to me I would lay before the Emperor through him the
heads of such a treaty, as 1 imagined would be perfectly
agreeable to both countries, that if any objections should
DIPLOMATIC CORRESPONDENCE. 2Q$
appear, we would talk them over, and after due con-
sideration, do what would seem right. To this Mr.
Fennish agreed, promising his best offices to forward and
settle every thing on good and reasonable terms. The
next day but one, the heads of the treaty in Arabic,
were put into the hands of Mr. Fennish, who shewed
them to the EfFendi by whom seven of the articles were
objected to as highly unreasonable. They were, how-
ever, read before his Majesty, and some of the principal
officers of the Court, when all the articles, except four,
were admitted without hesitation, and the next morning
I received a Message from one of the persons who was
present at reading, with compliments upon the progress
I had made, and taking to himself entirely, the merit of
removing three of the objections.
When the proposition for an exchange of prisoners
was read, the King said, " this is not right. Why are
the Christian powers so averse to go to war with me ?
It is the fear of their subjects falling into slavery." To
which the King's preacher replied, these people deserve
more indulgence from you than many others with whom
you are in alliance, they are nearer our religion, and our
prophet mentions those who possess their manner of
worship, with respect ; upon which the Emperor said, let
this article be admitted. The next day I put the treaty
at full length into the hands of the interpreter to get it
translated into Arabic, and in a few days, a rough draught
in Arabic, formed from my draught, but much curtailed,
was delivered to me by the Talbe who had drawn it up by
his Majesty's instructions, and who though he had altered
it in the form, preserved the substance. I caused this
draught to be translated into English by one person, and
VOL. v. — 27
210 JOHN ADAMS— JOHN JAY.
into the French by another, and agreed to receive the
treaty, as it then stood, and I was the more anxious not
to differ upon points of form, merely, because I knew
the Effendi, who is the chief officer at Court, wanted to
embarrass me and to draw the affair into a length of time,
and to get it into his own hands, and this disposition had
appeared on various occasions, indeed, on all that offered.
In the opening of the affair I was asked by the inter-
preter what I had to offer, on the side of the United
States, by way of presents in future, or by way of tribute,
to which I replied, ('supposing the question might come
from Mr. Fennish on the part of the Emperor,) that I
had to offer to his Majesty the friendship of the United
States, and to receive his in return, to form a treaty with
him on liberal and equal terms. But if any engagements
for future presents or tributes were necessary, I must re-
turn without any treaty. I took care that those senti-
ments should be conveyed to Mr. Fennish, and nothing
was afterward said about it, nor a hint dropped that any
thing was expected. While the lastdraughtofthe treaty
was making, I was told it would be proper that the de-
livery to me, in behalf of the United States, should be in-
serted, to which I very readily acquiesced, and wrote on
a piece of paper what I wished should be added. When
the treaty was finally put into my hands sealed by the
King, and not till then did I see or suspect in what man-
ner that insertion is made, and which, I wish with all my
heart was extinguished, at least one of the two.
Mr. Fennish being confined to his chamber, our papers
fell into the hands of the Effendi, who, notwithstanding
the Emperor had ordered them to be delivered, detained
them under various pretences, but at length (without ever
DIPLOMATIC CORRESPONDENCE. 211
coining to an open quarrel) he sent them, when, on ex-
amination, we found the Talbe had omitted a matter of
some consequence in one of the articles, the rectifying of
which, and the getting a declaration made by Mr. Fennish
by order of the King, took up a day or two. I was ask-
ed to sign an acceptation of the articles on the part of the
United States; but as the treaty was not drawn up in the
the form expected, I excused myself, without, however,
giving any offence, referring Mr. Fennish to Congress
and the Ministers. It is a friendly well intended treaty
given by the Emperor, without much being demanded on
his part. If it proves satisfactory it will be proper for
you, gentlemen, to give your sentiments of it to Mr. Fen-
nish, and that Congress ratify it; and here, perhaps, it may
not be unnecessary to say that Mr. Fennish, throughout
the whole, as far as I can judge has acted with the utmost
candor and veracity, and I thought myself very happy in
having been put into his hands.
When the business was over, the Emperor sent a mes-
sage to me by Mr. Fennish, desiring to know whether I
had any thing to ask, and (to repeat the words in which
it was delivered) if I had, not to be ashamed or backward
in doing it. I was prepared for this compliment before
I left Spain, and was advised to request a permission to
export twenty thousand fanegas of wheat, without duty,
by which I should probably gain as many dollars, and
with great truth I assure you that I am persuaded it would
have been immediately granted ; but I did not choose to
end an embassy begun avowedly on disinterested princi-
ples, by making such a request, especially as I was in-
formed he would look on the United States as under
some obligations for such an indulgence shewn their ser-
212 JOHN ADAMS— JOHN JAY.
vant, and as the professions of an inclination to give a
mark of his approbation of the transactions were repeated,
I accepted them and pointed out the manner in which he
might shew the friendly disposition he had expressed.
This was by his giving letters to Constantinople, Tunis,
Tripoli and Algiers, recommending to these several States
to enter into an alliance with the United States, and by
advising them to receive in the most friendly manner, such
agents and propositions as should be sent them from Ame-
rica. The Emperor immediately came into these views
and Mr. Fennish desired that I would draw up the form
of a letter, such as I wished should be written, which I
I did, and the indisposition of this gentleman was the rea-
son given why I did not get them at Morocco. I wrote
twice to the Emperor and waited at Tangier for an answer,
which I received from Mr. Fennish, saying the letters
were not prepared, and at present I shall add no more than
that the Emperor is perfectly well informed that I had
no orders to ask such letters, and that if there is any
thing wrong in having done it, it is entirely an act of my
own. The treaty having been completed, his Majesty
gave a written paper not only describing our route, but
the time we should remain at the principal towns. We
came to this place to avoid a quarantine in Spain, and
have been detained by some tempestuous weather. The
commandant of the Marine at St. Roque hearing we were
at Tangier, and at a loss how to reach Spain, without
performing a quarantine, sent a vessel for us, directing
the commander to attend us wherever we should choose.
I think it probable that you will not judge it necessary
for me to go up the Mediterranean, as Mr. Lamb, I hear,
lias returned to Algiers, a circumstance that will make
DIPLOMATIC CORRESPONDENCE. 213
me very happy, for though I was riot backward in offer-
ing my services, I was influenced only by the necessity
I thought there was of doing something. Therefore, if
I do not receive your decided orders at Cadiz to pursue
these African objects, I will embrace the first opportunity
of embarking from Spain for America.
I beg leave to assure you of my being with every senti-
ment of esteem and respect, &c.
THOMAS BARCLAY.
No. 11.
I, the underwritten Thomas Barclay, agent for the
United States of America, at Morocco, having received
from his Imperial Majesty, a treaty of peace and com-
merce, between his Majesty and the said United States,
dated on the first day of the Ramadan in the present
year of the Hegira, one thousand two hundred, and
thinking it necessary that an agent residing at Morocco
should be appointed, to take proper care of all matters
relative to such of the citizens of America as may, pos-
sibly arrive in any part of the Empire of Morocco, and
shall have occasion to apply for aid or assistance to such
agent. As also, that a fit and proper channel may be
formed, whereby all public papers relative to America
may be transmitted to his Majesty, until the will and
pleasure of Congress be known. I do hereby, with the
consent and approbation of his imperial Majesty, the
Emperor of Morocco, constitute and appoint Mr. Francis
Chiappi of the city of Morocco, agent for the United
States, until the pleasure of the honorable the Congress
214 JOHN ADAMS— JOHN JAY.
of the United States touching this matter shall be further
known.
In testimony whereof I hereunto put rny hand and
seal, dated Morocco the fifteenth day of July, in the
year of our Lord 1786.
THOMAS BARCLAY.
The same. To Joseph Chiappi, who is Consul for
Genoa and Vice Consul for Venice, constituting him
agent at Mogador.
The Same. To Girolamo Chiappi, who is Consul
for Venice and Vice Consul for Genoa, constituting him
agent at Tangier.
Office for Foreign Affairs, ?
May 5, 1787- 5
The Secretary of the United States for the Department of
Foreign affairs, to whom was referred the treaty lately
concluded with the Emperor of Morocco, Reports :
That it will, in his opinion, be proper for Congress to
ratify the said treaty in the manner and form following,
viz :
The United States of America, in Congress assembled, to
all who shall see these presents, Greeting.
Whereas the United States of America, in Congress
assembled, by their commission, bearing date the 12th
day of May, 1784, thought proper to constitute John
Adams, Benjamin Franklin and Thomas Jefferson, their
Ministers Plenipotentiary, giving to them or a majority of
them, full power to confer, treat and negotiate with the
Ambassador, Minister or Commissioner of his Majesty
DIPLOMATIC CORRESPONDENCE. 215
the Emperor of Morocco, concerning a treaty of amity
and commerce, to make and receive propositions for such
treaty, and to conclude and sign the same, transmitting
it to the United States, in Congress assembled, for their
final ratification ; and by one other commission bearing
date the 1 1th day of March, 1785, did further empower
the said Ministers Plenipotentiary or a majority of them,
by writing, under their hands and seals, to appoint such
agent in the said business as they might think proper,
with authority, under the directions and instructions of
the said Ministers, to commence and prosecute the said
negotiations and conferences for the said treaty, provided
that the said treaty should be signed by the said Minis-
ters. And, whereas the said John Adams and Thomas
Jefferson, two of the said Ministers Plenipotentiary, (the
said Benjamin Franklin being absent) by writing, under
the hand and seal of the said John Adams, at London,
October the 5th, 1785, and of the said Thomas Jeffer-
son, at Paris, October the llth, of the same year, did
appoint Thomas Barclay agent in the business aforesaid,
giving him the powers therein, which by the said second
commission they were authorized to give, and the said
Thomas Barclay, in pursuance thereof, hath arranged
articles for a treaty of amity and commerce between the
United States of America and his Majesty the Emperor of
Morocco, which articles, written in the Arabic language,
confirmed by his said Majesty the Emperor of Morocco,
and sealed with his royal seal, being translated into the
language of the said United States of America, together
with the attestations thereunto annexed, are in the follow-
ing words, to wit :*
• For the treaty and additional article sec journals of Congress,
pp. 756 et seqq.
216 JOHN ADAMS— JOHN JAY.
And, whereas the said John Adams and Thomas
Jefferson, Ministers Plenipotentiary aforesaid, by writing,
under their respective hands and seals, duly made and
executed by the said John Adams on the 25th January,
1787, and by the said Thomas Jefferson on the 1st day
of January, 1787, did approve and conclude the said
treaty and every article and clause therein contained,
reserving the same, nevertheless, to the United States in
Congress assembled, for their final ratification.
Now be it known, that we, the said United States of
America, in Congress assembled, have accepted, ap-
proved, ratified and confirmed, and by these presents do
accept, approve, ratify and confirm the said treaty and
every article and clause thereof.
In testimony whereof, we have caused our seal to be
hereunto affixed. Witness his Excellency Arthur St.
Clair, our President, at the city of New York, this
day of May, in the year of our Lord 1787, and in the
llth year of our sovereignty and independence.
All which is submitted to the wisdom of Congress.
JOHN JAY.
•
Office for Foreign Affairs, )
July 23, 1787. $
The Secretary of the United States for the Department
of Foreign Affairs, to whom was referred the papers
which accompanied the treaty with Morocco, Reports :
That one of these papers is a letter from the Emperor
of Morocco, and that, as Congress has been pleased to
ratify the treaty made with him, it will, in his opinion be
proper to return the following answer to it:
DIPLOMATIC CORRESPONDENCE. 217
.
Great and magnanimous Friend,
We have received the letter which your Majesty did
us the honor to write, dated the first of the month of
Ramadan, 1200.
We have likewise received the treaty concluded in
our behalf with your Majesty ; and we have expressed
our perfect approbation of it, by ratifying and publishing
and ordering it to be faithfully observed and fulfilled by
all our citizens.
It gives us great pleasure to be on terms of peace and
amity with so illustrious a sovereign, and we flatter our-
selves that the commerce of these distant regions with
your Majesty's dominions will gradually become more and
more beneficial to both, especially after our navigation
shall cease to be interrupted by the unprovoked hostili-
ties of the neighboring States in Africa.
Your Majesty's early and friendly attention to these
new and rising States, the obliging manner in which you
received and treated our negotiator, Thomas Barclay,
and the liberal and disinterested terms on which your
Majesty entered into treaty with us, are strong and shin-
ing proofs of a great mind, proofs which will remain
recorded in our annals, and which will always render your
Majesty's name respected and glorious in these western
countries.
These distinguished marks of your Majesty's good
will towards us, inspire us with perfect confidence in
your friendship, and induce us to request your favorable
interposition, to incline Algiers, Tunis, and Tripoli to
peace with us, on such terms as may consist with our
honor, and with the circumstances of our new and distant
States.
VOL. v.— 28
218 JOHN ADAMS— JOHN JAY.
Should your Majesty's mediation be the means of
putting the United States at peace with their only remain-
ing enemies, it would be an event so glorious and memo-
rable, that your Majesty's reign would thence derive
additional lustre, and your name not only become more
and more dear to your citizens, but more and more
celebrated in our histories.
We your Majesty's friends pray God to bless you.
Done by the United States in Congress assembled,
at the city of New York, the day of
in the year our Lord, 1787.
ARTHUR ST. CLAIR, President.
Your Secretary further reports, that from the paper
No. 5, ,* and from Mr. Barclay's letter of 15th Novem-
ber, 1786, as well as from various other documents it
appears, that his Catholic Majesty has in the most friend-
ly and effectual manner, interposed his good offices in
behalf of the United States with the Emperor of Morocco ;
and that to this interposition the success of their negotia-
tions with his Imperial Majesty is in a great degree to
be ascribed.
Therefore, he thinks it would be proper to
Resolve, That Congress entertain a high sense of the
friendship which his Catholic Majesty has manifested for
the United States on various occasions, and particularly
in the decided, kind and effectual manner in which he
facilitated and promoted their negotiations for a treaty
of peace and commerce with his Imperial Majesty of
Morocco, as well as by writing directly to the Emperor
* Translation of a letter from the Emperor to the King- of
Spain.
DIPLOMATIC CORRESPONDENCE. 219
in their favor, as by affording such collateral countenance
and aid as circumstances rendered expedient, and his
desire of promoting the success of the negotiation
prompted.
Resolved, That the thanks of the United States are
justly due to his Catholic Majesty. That they be con-
veyed in a letter from Congress expressing their acknow-
ledgments in the most explicit terms ; and assuring his
Majesty of their earnest desire to cultivate his friendship
by such attentions as occasions may put in their power,
and as may best evince the high respect, esteem and at-
tachment with which such repeated marks of his friend-
ship have impressed them.
LETTER TO HIS CATHOLIC MAJESTY.
Great and beloved Friend,
Various circumstances having long delayed our receiv-
ing and ratifying the treaty, concluded in our behalf with
the Emperor of Morocco, we take the earliest oppor-
tunity of manifesting to your Majesty, the high and
grateful sense we entertain of that kind, decided and
effectual interposition of your^Majesty with the Emperor
in our favor, to which we are so greatly indebted for the
successful issue of our negotiations with him. Permit
us, therefore, to present to your Majesty our sincere and
unanimous thanks for that important mark of your friend-
ship, as well as for the many other friendly offices with
which your majesty has on various occasions been pleased
to favor us, and to assure you of our earnest desire to
embrace every opportunity of evincing the respect and
attachment, with which your Majesty's kind attentions to
the United States have impressed us.
220 JOHN ADAMS— JOHN JAY.
We pray God to bestow the best blessings on your
Majesty, your family and people.
Done by the United States of America in Congress
assembled, at the city of New York, the day
of in the year of our Lord, 1787.
ARTHUR ST. CLAIR, President.
•
Your Secretary further reports that, from the paper
No. 6 and others, it appears that Thomas Barclay, Esq.
has, in the conduct of the negotiation with the Emperor
of Morocco, manifested a degree of prudence, address.
and disinterestedness, which, in the opinion of your Sec-
retary, merits the approbation of Congress, and therefore
he thinks it should be
Resolved, That Congress are well pleased with the
conduct of Thomas Barclay, Esq., in the course of the
negotiations on the part of the United States with his Im-
perial Majesty of Morocco, as detailed and represented in
his and other letters and papers transmitted to them.
Your Secretary further reports that, in his opinion,
copies of the paper No. 6, which contains the signals
agreed upon between the TJnited States and Morocco, by
which their respective vessels are to be known to each
other at sea, should be sent by your Secretary to the
executives of the different States, to the end that copies
may be given to such American masters of vessels as may
thence make voyages, in the course of which they may
expect to meet with cruisers from Morocco.
Your Secretary further reports, that the paper marked
No. 8, contains some interesting information respecting
the present state of Morocco, for which Mr. Barclay de-
serves credit, but he thinks it should not, at present, be
DIPLOMATIC CORRESPONDENCE. 221
published, lest those who may wish to embroil us with
the Emperor should make an ill natured use of it.
Similar observations are, in the opinion of your Secre-
tary, applicable to the paper marked No. 9, which con-
tains various matters of information.
The paper No. 10, contains clivers particulars relative
to the negotiation, which your Secretary also thinks had
better not be published.
The paper No. 11, contains Mr. Barclay's commission
to Don Francisco Chiappi at Morocco, constituting him
the American Agent at that place, until the will and plea-
sure of Congress shall be known. It also contains the
names of other agents to whom he gave similar commis-
sions for Mogador and Tangier.
Your Secretary thinks these commissions should be
confirmed, and therefore that it should be
Resolved, That Congress approve of the appointment
made in their behalf by Thomas Barclay, Esq. with the
approbation of his Imperial Majesty of Morocco, of Don
Francisco Chiappi to be their agent at Morocco, of Don
Joseph Chiappi to be their agent at Mogador, and of
Don Girolamo Chiappi to be their agent at Tangier, and
that they respectively hold the said places during the
pleasure of Congress.
In the opinion of your Secretary it will be expedient to
transmit the letter for his Imperial Majesty to Mr. Jeffer-
son, to be by him forwarded by Don Francisco Chiappi
at Morocco, with instructions to present it to the Emperor.
Your Secretary prefers sending it by way of France,
because he thinks it might thence be conveyed with the
Minister's despatches to their Consul with more care and
safety than it could be sent with from London ; and he
222 J°HN ADAMS— JOHN JAY.
thinks it most proper that it should pass through the hands
of one of the Ministers, under whose direction the nego-
tiation with the Emperor had been placed.
In his opinion it would also be proper to instruct their
Ministers to maintain a regular correspondence with the
said agents, in order that they and Congress may be sea-
sonably informed of every event and occurrence at the
Court of Morocco, that may effect the interest of the
United States.
It appears from the paper, No. 10, that Tahar Fen-
nish was a friendly and an important man in the conduct
of the negotiation ; and that the Emperor's consent to a
material article in the treaty was owing to a friendly ob-
servation made by his preacher.
In the opinion of your Secretary it is not only right in
itself, but the most certain way to confirm and increase
friends, to acknowledge and reward acts of friendship.
He, therefore, thinks it might be well for him to write a
letter to Tahar Fennish, letting him know that Congress
have been informed of his attentions to the Envoy, and
that they are exceedingly pleased with the probity, can-
dor and liberality which distinguished his conduct on that
occasion. It might not perhaps be proper to advert too
pointedly to his friendship for the United States, lest, in
case accidents should happen to the letter, it might afford
a handle against him to his enemies at that Court ; for all
influential men have enemies. A compliment might also
be paid in the same letter to the liberality and benevo-
lence of the Emperor's preacher. Your Secretary re-
grets that the finances of the United States will not admit
of their making a present to Mr. Fennish, especially as
he well deserves it, and as he resides at a Court where
DIPLOMATIC CORRESPONDENCE. 223
sine donis frigct amicitia. But, although a present to
him might not be a great object, yet the precedent would
excite expectations in others, and in that way open a
door to inconvenient expenses.
All which is submitted to the wisdom of Congress,
JOHN JAY.
FROM JOHN ADAMS TO JOHN JAY.
Grosvenor Square, January 27, 1787.
Sir,
I last night received, from Lord Carmarthen, a note of
yesterday, a copy of which is enclosed with a memorial
to the Lords of the Treasury, copy of which is enclosed
relative to sixteen Chinese seamen.
There is a practice beginning to be talked of, if not
practised, for British merchants to procure some American
merchant to metamorphise a British into an American
bottom, to trade to the East Indies. This practice ap-
pears to me to be infamous and destructive, and to merit
the immediate consideration of Congress. Of the par-
ticular case I know nothing, but congress can have full
information.
I am dear Sir, Sic.
JOHN ADAMS.
FROM LORD CARMARTHEN TO JOHN ADAMS.
White Hall, January 26, 1787.
Lord Carmarthen presents his compliments to Mr.
Adams, and has the honor to send him the enclosed me-
224 JOHN ADAMS— JOHN JAY.
morial, addressed to the Lords of the Treasury, and which
he has received from their Lordships, as the contents of
it appeared to them proper to be referred to the conside-
ration of the Minister Plenipotentiary from the United
States of America. Lord Carmarthen is persuaded that
Mr. Adams will take such steps for the relief of the Chi-
nese seamen, who have been brought to Europe in an
American vessel, as he shall judge necessary, in order to
convey them back to their native country.
FROM JOHN HALES, RELATIVE TO THE SIXTEEN EAST
INDIA SEAMEN.
January 31, 1787.
The right honorable the Lords Commissioners of his
Majesty's treasury.
The humble petition of John Hales, of the hamlet of
Mile End, Old Town, in the parish of St. Dunstan,
Stepney, victualler, most respectfully sheweth,
That the house of your petitioner, and his predecessor,
Lysol Coleman, situate as aforesaid, hath for many years
been accustomed to receive and provide for such East
India seamen, as the honorable East India company of
England's ships have brought to England, until the season
has arrived for their return.
That about thirteen weeks since he received eleven
Chinese seamen and four Lascars, from the owners of the
Lord M'Cartney, these lately arrived from China, with
orders to provide for them until the ships going to India
were ready to receive them.
That on the 29th, 30th and 31st of December last,
DIPLOMATIC CORRESPONDENCE. 225
sixteen . Chinese seamen came to their countrymen at his
said house, all of whom paid a week's board before hand.
That the said sixteen men informed your memorialist
they came from India in the Hyder or Hydrea, Captain
Clarke, belonging to the United States of America, to
Ostend, who discharged them there, which caused them
to take passage to London, in hopes of obtaining a pas-
sage to their own country.
That their money being all expended, and not having
any lawful means of obtaining any for their necessary
support, and of returning to their native country, your
memorialist has applied on their behalf to the honorable
East India company, who will not have any thing to do
with them, as also to Mr. Adams, the American Ambas-
sador, who likewise refuses to do any thing for them.
That in consequence of such refusals, your memori-
alist applied to the right honorable, the Lord Mayor on
behalf of the said sixteen men, who referred him to the
overseers of the poor of the said hamlet of Mile End,
Old Town, who likewise refuse to provide for them, and
as the men are very orderly and regular, your memori-
alist submits to your Lordships the very great nuisance
and injury the public would sustain from their being
turned loose upon them, and into the street.
Your memorialist, therefore, humbly prays your Lord-
ship will be pleased to take the hardness of their case
into your Lordship's consideration, and grant such orders
for the relief of the said sixteen Chinese seamen, as to
your Lordship's wisdom shall seem meet and judge ex-
pedient, and your memorialist, as in duty bound, will
ever pray, &c. &c. &c.
JOHN HALES.
VOL. v.— -29
226 JOHN ADAMS— JOHN JAY.
Office for Foreign Affairs, ?
July 31, 1787. 5
The Secretary of the United States, for the Department
of Foreign Affairs, to whom was referred a letter of
27th January last, from the honorable Mr. Adams,
with the papers referred to in it, Reports:
That this letter calls the attention of Congress to two
objects : the first of which is the case of sixteen Chinese
seamen, who were then in London in a distressed condi-
tion, and who said they had come from India in the Hy-
der or Hydrae, Captain Clarke, belonging to the United
States, to Ostend where he discharged them. The
second is "a practice then beginning to be talked of, if
not practised, for British merchants to metamorphose a
British into an American bottom to trade to the East
Indies."
Whether it be right or wrong for an American vessel
to discharge foreign seamen at this or that port must at
present depend on the agreement made with them when
shipped, so that without a knowledge of the agreement in
the present case, the propriety of discharging these
Chinese seamen at Ostend cannot be decided, especially
as no complaint appears to. have been made by them of
their having been irregularly discharged. In the opinion
of your Secretary Congress cannot take any particular
notice of this case.
As to the fraudulent practice mentioned in the
second case, it seems doubtful whether it does really
exist, or whether it is only talked of; and, there-
fore, in his opinion, the particular attention of Con-
gress it not due to it. It is, however, most certain, that
DIPLOMATIC CORRESPONDENCE. 227
the trade of the United States to Asia, as well as to other
parts of the world should be subject to certain general
regulations; but at present Congress cannot ordain such
regulations and cause them to be observed, nor while law-
ful requisitions remain neglected, is there much reason
to expect that recommendations would prove useful or
proper.
They who trade to distant nations may often find it
convenient to employ seamen of the country, who should
be encouraged to ship themselves by settled and proper
regulations, to facilitate their speedy and easy return to
their own country ; but as it is not in the power of Con-
gress to take effectual measures for these and similar pur-
poses, he thinks it best that they should not take any.
All which is submitted to the wisdom of Congress.
JOHN JAY.
FROM JOHN ADAMS TO JOHN JAY.
London, February 3, 1787.
Sir,
I wrote a few days since, by Colonel Franks, who
embarks in the French packet, from Havre de Grace,
with the Morocco treaty. There is no further intelli-
gence of the Portugal business, nor any better prospect,
or more agreeable disposition in this country, whatever
artifices may be employed in America to keep up delusive
hopes.
Parliament opened with an uncommon gloom, and has
been setting in a mournful silence. No body dares op-
pose the French treaty, yet, no body seems to have any
confidence in it. It seems truly a forced plant. Some-
228 JOHN ADAMS— JOHN JAY.
thing to appease France and amuse the people. The
Revenue is found to be greatly deficient. A new loan
and fresh taxes are expected. A dead taciturnity pre-
vails about America.
The Gazettes are employed, and every coffee house
and bookseller's shop filled with talkers to1 keep up the
spirits of the people, at any expense of truth. The
holding of our frontier posts is found to cost government
more money annually than the whole trade is worth,
nay than the whole capital employed in it.
Mr. Pitt's plan for the session is not yet developed.
They are skirmishing about Hastings and Rodney, who,
I suppose have nearly all the scribblers enlisting for, or
against them, yet Hastings must be acquitted, and I
suppose Rodney remunerated right or wrong, such is the
state of this nation.
Enclosed is a copy of the convention between France
and England, which was sent me yesterday by Lord
Carmarthen and a letter from Mr. Hales relative to the
East India Ship, which it is supposed was made an Ameri-
can bottom, a practice which Congress will no doubt,
judge proper to discountenance.
As the politics of Parliament, shall open to view, I
shall do myself the honor to transmit you still further
accounts of them.
By Colonel Franks I had the honor to convey to Con-
gress my intention to return home at the expiration of
my commission to this Court. A duplicate will go by
this opportunity, a life so useless to the public and so
insipid to myself as mine is in Europe, has become a
burthen to me, as well as to my countrymen. By the
first packet or convenient merchant ship in the spring <of
DIPLOMATIC CORRESPONDENCE- 229
of 1788, I shall embark with my family, if my life and
health enough to make the voyage remains to me, unless
Congress should see fit to recall me sooner, which would
be much more agreeable. It will be necessary that
arrangements should be made as early as possible, and
the pleasure of Congress signified whether the Secretary
of Legation is to return with me, or remain longer here.
With great respect and esteem, &c.
JOHN ADAMS.
FROM JOHN HALES TO JOHN ADAMS.
Februarys, 1787.
Sir,
In obedience to your Excellency, I have made farther
inquiry respecting the American East India ShipHydrea,
and have learned from Mr. Robinson, agent in Gould
Square, Crutched Friars, that the owner lives upon
Rhode Island, in North America. His name is Charles
Champlin. It also appears, by the books at the Ex-
change Insurance Office, that in March 1786, Mr. James
Wilkinson, of Abchurch Lane, London, underwrit the
said ship from Calcutta to Rhode Island.
JOHN HALES.
FROM JOHN ADAMS TO JOHN JAY.
Grosvenor Square, February 24, 1787.
Sir,
I do myself the honor to transmit to Congress a letter
(Vein Mr. Harrison with an account of disbursements for
230 JOHN ADAMS— JOHN JAY.
Capt. Erwin and his associates, on their return to Cadiz,
from their captivity in Morocco. Situated as Mr. Har-
rison was, he had every motive of humanity, and love of
his countrymen to relieve their necessities, and it would
be too severe,, if not unjust, to leave the burthen upon
him. He is a gentleman of much merit, and I beg leave
to recommend him and his claim to Congress.
With great respect, &c.
JOHN ADAMS.
FROM R. HARRISON TO JOHN ADAMS.
London, February 21, 1787.
Sir,
1 take the liberty of herewith presenting to your Ex-
cellency a state of a claim I have against the United
States for £72. 12s. Sd. sterling. It arises from advances
made by me in Spain, for the support of Captain James
Erwin and his crew, who were captured in the American
brigantine Betsey, in the month of October 1784, by a
Barbary Corsair, and carried to Morocco, being after a
captivity of about nine months in that country', at length
liberated by the mediation of the Spanish Ambassador,
and by him delivered to me as the only American char-
acter at Cadiz. Your Excellency, I humbly trust, will
readily grant that I could not, consistently with the dig-
nity and honor of the Republic, or with the feelings of
a good citizen, refuse either to take charge of these un-
fortunate subjects, or to pay the expenses unavoidably
incurred by so doing. If, therefore, it is a matter which
comes in any degree within your Excellency's Depart-
DIPLOMATIC CORRESPONDENCE. 231
ment, I hope you will be pleased to order my reimburse-
ment here, which, though, strictly speaking, nothing more
than an act of justice, I shall be ready to acknowledge,
at the same time, as a favor.
I have the honor to be, &tc.
R. HARRISON.
FROM JOHN JAY TO JOHN ADAMS.
>reign 1
May 12, 1787
Office for Foreign Affairs, ?
Dear Sir,
I had the pleasure of writing you a few lines on the
2d of last month, since which I have received and com-
municated to Congress your letters of 9th, 24th and
27th January, and 3d and 24th February last.
My health still continues much deranged, and I pur-
pose, in a few days, to make an excursion into the
country for about a fortnight.
A motion has lately been made in Congress to remove
to Philadelphia, and the party who support it persevere
in pushing it from day to day ; they are not joined by a
single member from either of the eastern States ; and
yet, there is reason to apprehend that they will carry
their point, no other motive for this strange measure is
publicly assigned by them, except that Philadelphia is
more central than New York. Several important afiairs
which ought to have been despatched, have given place
to this unfortunate contest, so that I can, by this convey-
ance, send you little of importance.
Accept my thanks for the book you were so kind as to
232 JOHN ADAMS— JOHN JAY.
send me, I have read it with pleasure and with profit ;
1 do not, however, altogether concur with you in senti-
ment respecting the efficiency of our great council for
national purposes, whatever powers more or less may be
given them. In my opinion, a council so constituted will
forever prove inadequate to the objects of its institution.
With great and sincere esteem, &c.
JOHN JAY.
P."S. A new edition of your book is printing in this
city, and will be published next week. You will, here-
with, receive the late newspapers.
FROM JOHN JAY TO JOHN ADAMS
•eig-n
May 14, 1787
Office for Foreig-n Affairs, ?
Dear Sir, . •
You will receive, herewith enclosed, a copy of a letter
to me from the honorable D. Huger, Esquire, a member
of Congress, dated the 2d April last, together with the
papers that were delivered to me by the Mr. Masters,
mentioned in it. As that gentleman is seeking redress in
the course of judicial proceedings, the object of his appli-
cation to me, doubtless, is that I may so far recommend
his case to your attention and patronage, as that he may
derive from your public character that aid and protection
which circumstances may render necessary and proper.
This I do with pleasure, being well persuaded that occa-
sions of being useful to our country or to any of its
deserving citizens, will always be agreeable to you.
With great and sincere esteem, &c.
JOHN JAY.
DIPLOMATIC CORRESPONDENCE. 233
FROM JOHN ADAMS TO JOHN JAY.
Grosvenor Square, April 10, 1787.
Dear Sir,
The public councils of this country, as far as they
regard America, remain so exactly the same as to afford
nothing new to communicate to Congress. The mem-
bers of Parliament, have been so long irritated and tor-
mented on that subject, that they detest to hear the
name of America mentioned, and the political system
and national humor seems to be, neither to speak nor
think of it. A seemingly total inattention and silence
prevail and will prevail for some time.
Secret schemes, however, in abundance are concerted
to plunder us, in any way they can think of besides the
regular course of their commerce with us, which one
would think rapacious enough.
An honest tradesman, whose name is Carpenter, an
ingenious engraver, lately came to me from the remotest
part of the city, to give me information that an unknown
Scot, had applied to him to engrave a plate for striking
the paper bills of North and South Carolina. He laid
a plan to get a witness to a future interview, but the
Scot conceived a suspicion and would not lay open his
design. Colonel Smith, who attended for the purpose,
desired the engraver to publish the fact in the news-
paper, that merchants here may be upon their guard.
Carpenter went round to all the engravers in town, and
found another, to whom the same person had applied.
Congress, or the delegates from North Carolina, will put
that State upon their guard ; for it is not at all improbable
the design will be pursued by means of some other en-
graver of less honor than Carpenter.
VOL. v.— 30
234 JOHN ADAMS— JOHN JAY.
There is a vast sura in circulation here of base copper
to the amount of several hundreds of thousands of pounds.
Very lately these half pence are refused every where, I
suppose in consequence of some concerted scheme. And
it is supposed that they will be all purchased for a trifle
and sent to the United States, where they will pass for
good metal, and consequently, our simple countrymen be
cheated of an immense sum. The Board of Treasury
may be ordered, without the avowed interposition of
Congress, to give the alarm to our citizens and the sepa-
rate States would do well to prohibit this false money
from being paid or received.
Colonel Smith will set off for Portugal in a few days,
and at Versailles, Madrid or Lisbon, will have an oppor-
tunity of learning more of the present politics of Europe,
than can be known here; a profound calm prevails through
Europe at present, though the Bulletin from Paris speaks
of movements of the Empress against the Turks. Her
own journey, however, is a strong proof that hostilities
are not soon intended.
With great respect to Congress, and much affection
for their Secretary, I have the honor to be, &c.
JOHN ADAMS.
FROM JOHN ADAMS TO JOHN JAY.
London, AprU 19, 1787.
. Dear Sir,
I do myself the honor to enclose the new act of Par-
liament for regulating the trade between the territories of
the United States of America and the dominions of the
King of Great Britain, by which Congress will see that
DIPLOMATIC CORRESPONDENCE. 235
the same system continues and is fortified with fresh pro-
visions. Provisions and lumber, the growth or production
of the United States, are now prohibited from any foreign
island. The West India planters and merchants com-
plain to no purpose.
The Canada merchants give out, that there is some
negotiation on foot between Lord Dorchester and Ver-
mont, the object of which is to give vent to the produc-
tions of that territory, through Canada, and the river St.
Lawrence, that the West Indies may derive some assis-
tance from that source.
Enclosed is another very curious bill that moved in the
House of Lords by one Chancellor and seconded by
another, Thurlow and Bathurst ; but the Lords had honor
enough to reject it. The project is said to have originated
in General Arnold. The whole transaction shows the spirit
of the present Ministry. The chance of passing such a
bill would have been greater in the House of Commons,
where the Ministers have a clearer majority. Some per-
sons are of opinion that the present set cannot hold the
reins much longer ; but if they are not mistaken there is
little chance of a change for the better. What effect the
changes in France may have cannot be foreseen, but they
cannot but be favorable to America.
With great regard, &c.
JOHN ADAMS.
FROM JOHN ADAMS TO JOHN JAY.
Grosvenor Square, London, April 30, 1787.
Sir,
Upon the receipt of the first of the enclosed letters
from Doctor Wren and Mr. Movvbray, by express, I
236 JOHN ADAMS-JOHN JAY.
made application to government. Lord Sidney was absent
and Lord Carmarthen sick ; but Mr. Fraser, the under
Secretary of State, took up the subject with integrity and
politeness, he discovered a real desire to do every thing
that the laws would permit, to crush in the beginning this
villainous attempt to counterfeit American paper curren-
cies. He told me that a parallel complaint had been
lately made by the Danish Ambassador, of an attempt
to counterfeit the bank notes of Denmark, and that upon
consulting their most experienced magistrates and law
officers, they were all of opinion, that until the counter-
feit was completed, and the names signed, it could not be
a capital crime, though an attempt might be a misde-
meanor. He advised me to advise with Sir Sampson
Wright, the most considerable magistrate in» Westmin-
ster. Sir Sampson engaged in the business with particu-
lar attention, and agreed to write to Sir John Carver,
at Portsmouth ; upon the whole, it seemed to be neces-
sary that some one should go to Portsmouth, and, as
Colonel Smith set out on the 24th of this month for
Lisbon, I asked Mr. Cutting to accompany me to
Portsmouth. We had the man brought out of prison
to our lodgings. His name he says is Robert Muir,
born in Scotland, but lately arrived from North Carolina.
He is an artful, shrewd fellow, but with a mean, hungry,
desperate appearance, suitable to any kind of atrocious
villainy.
We wished to discover his accomplices, but he would
not answer. The grand jury found a bill, and at my
desire the man is continued in prison, until next term, in
July. His types and stamps and implements are all
secured. In July, however, he will be set at liberty,
DIPLOMATIC CORRESPONDENCE. &37
for the crime could not be complete without the signa-
ture, if it could without passing the bill.
It is with a very high pleasure that I am able to say,
that the government and the magistrates, both here and
at Portsmouth, have, upon this occasion, conducted with
perfect propriety and politeness. The crime is said to
be an offence against the law of nations, against com-
merce, against private and public property, against the
whole world, &c. and all this is true ; but still the laws
are so very vague in this case, and every punishment
short of death, in such a crime in this country would be
treated with ridicule, it may be most prudent to dismiss
the fellow in July, destroying or at least detaining his
implements.
Congress will determine what measures should ba
taken to advertise the people of America that they may
be upon their guard. I suppose this is the same Scot,
who a few weeks ago applied to Mr. Carpenter, an
engraver in London, to engrave a plate for him, of which
Carpenter had the honesty to inform me, as you have
been told in a former letter.
With great regard, &tc.
JOHN ADAMS.
a! hn* .mid r>o."ntf~s vmdll .«,
FROM DR. THOMAS WREN TO JOHN ADAMS.
Portsmouth, April 22, 1787.
Sir,
I had the honor of receiving your favor this morning,
and have now to add to the former intelligence, that the
man who had solicited Mowbray to assist in a forgery, is
238 JOHN ADAMS— JOHN JAY.
in custody in our town goal. He went to Mowbray re-
peatedly on Saturday evening, and was so urgent to have
some notes worked off, that he proposed their working
all night, for he fixed on going to assist Mowbray, saying
that he had some little knowledge of the business, (though
he appeared in the habit of a seaman) and added that
they must take a thousand copies of such Carolina notes
before morning, and indeed he always spoke of the num-
ber of notes wanted in this large way. Sir John Carter,
the brother of Mr. William Carter, being come home
from a journey, had him apprehended and examined,
and this matter will now be transacted before Sir John
(as far as it can be transacted) as he is the Mayor of the
town. The man says his name is Moor or rather I think
Mure,4uid that during the last war he sailed out and in,
as belonging to an American port. He was short and
shy in his answers, but pleaded his cause before Sir John
with a 'anguage and sagacity much beyond his appear-
ance, saying "that he could not see what the magistracy
of this country had to do with his proceedings as it affect-
ed only the country beyond the Atlantic." He offered
to deliver up all his papers, types, and implements, pro-
vided they would burn and destroy them before him, and
set him at liberty. This was not granted him, and his
papers that were found about him, are all in the posses-
sion of Sir John or Mowbray, and will remain, Sir, for
your directions. He says, that he has for these few days
lodged at Mrs. Dart's, on Portsmouth Common, which is
a suburb to this garrison, so large that Mrs. Dart is not
yet discovered, though it is probable she may. If any
more papers are found at his lodgings they will be kept
with the others. This man has not been rambling about
DIPLOMATIC CORRESPONDENCE. 339
the country to meet with a printer whose appearance he
should like, but he came down from London, and went
directly to Mowbray, a man of considerable abilities in
his trade and of narrow circumstances. And when a
small piece of border block is wanting, he engages to
have it down from London in two days which is as soon
as any person could have it, and proves that it was in
London ready cut. It is evident to me that he has
several associates in London, and that he is aiming to be
a large dealer; both which circumstances should, I think,
excite the attention and inquiries of our government.
From the number and variety of the notes of the United
States, which he had in his possession, and the large
edition which he meant to print, I think it is proba-
ble that he has been employed in America in some
branch of that department, in which he now manifests
but too much skill. He is not a sailor by profession.
Care is taken that he does not want good sufficiency of
provisions ; but he is not allowed pen, ink and paper, nor
any visiter whatever except the head jailor. W. Mow-
bray was to have sent me up an account of the papers
and things left with him, or found on the man; but if it
does not come soon I must omit sending it till next post.
• I am, Sir, &ic.
THOMAS WREN.
P. S. Mr. Mowbray has sent his paper, but it is rather
badly drawn out. Moor, Mure or Muir is a tall thin
man, five feet nine inches high with dark brown hair tied
behind, native of Scotland. He came from Charleston,
South Carolina, in January last, in the ship John, Samuel
Purchase, Master, and arrived in London in March; says
he was cook of the vessel, but this is doubted.
240 JOHN ADAMS— JOHN JA*.
Ten different wood cuts, which, together, form the bor-
ders of two notes of North Carolina currency, one of one
pound, the other of five shillings. A quantity of metal
flowers, cast by Mr. William Caslon, letter founder, Bleis-
wel street, London, which will make the same impression
as on the reverse sides of the above, and other notes
which he wanted to have counterfeited.
The following is a copy of Mr. Caslon's bill found on
the person.
Jnlfh I <Wfjr>!l» -atwawnuaib. <b«iw .r-
London, April 12, 1787.
Mr.
Bought of William Caslon.
s. d.
21bs. 8oz. of great primer flowers at Is per Ib. 2 6
3 13 small pica, at Is. 2d. do. 4 5s
2 15 long primer, at Is. 6d. do. 4 5
9 brevier, at 2s. 6d. do. 1 5
12 9£
Received for Win. Caslon.
E. WHITE.
Part of the long primer flowers having been much
used, supposed to be taken from some printing office. A
card on which are fixed specimens cut from the originals
of the ornaments required to go round the reverse sides
of the notes. An original 5 shilling (suppose note) North
Carolina currency, the subscriber's name to it obliterated.
Another ditto No. 17459, signed J. Hunt, B. M.
Cullock.
A six penny note, signed J. Hunt, No. 1356.
DIPLOMATIC CORRESPONDENCE. 241
A five shilling Charleston note, No. 3004, subscriber's
name cut out.
A two shilling note, No. 11849, signed J. Hunt and
B. M. Cullock.
A twenty shilling note.
They appear to be all printed by Thomas Davis, of
Halifax.
FROM WALTER MOWBRAY TO JOHN ADAM&.
Sir,
As the intelligence I am to communicate is, in my
opinion, of the highest consequence to the mercantile
interest of America, I presume any apology for the
freedom I take in writing to your Excellency is unne-
cessary.
The discovery I am to make is an intended forgery of
the paper currency of America, so ingeniously executed
as to elude discovery; one of the persons concerned in
this nefarious business has applied to me to print off a
considerable number of notes of different provinces; I
gave him such an answer as inclined him to believe I
would comply with his request, that I might have it in
my power to destroy in embryo, a scheme artfully cal-
culated to invade private property and materially injure
the credit of a commercial nation. He went away satis-
fied, and returned in a few hours with a wood cut of one
of the notes, an exact copy of the original, and metal
borders precisely the same as those on the reverse side.
He had sundry other notes with metal ornaments, which
he also wanted impressions of. He is meanly dressed as
VOL. v.— 31
242 JOHN ADAMS— JOHN JAY.
a sailor, and apparently ignorant, but his habit and con-
versation have the appearance of disguise.
There is no doubt but that he has accomplices in
London, for on discovering a deficiency of two articles
in the border for a note of which he wanted one thousand
copies, he informed he would send to town for them; the
the wood cuts and metal borders are so nicely imitated
as to render a discovery of the forgery extremely
difficult.
I am, &c.
WALTER MOWBRAY.
FROM JOHN ADAMS TO JOHN JAY.
Grosvenor Square, May 1, 1787.
Dear Sir,
With this is enclosed an elegant volume of improve-
ments in naval architecture, together with original letters
to me, that accompanied it. I know nothing of the
author but what is there said, viz: that he is a gentleman
of character and fortune. America is the place in the
world the most likely for such improvements to be adopted,
if they are really founded in science and utility. If,
upon examination, it appears to be of value, Congress
will judge what acknowledgements should be made of it.
With great esteem, &c.
JOHN ADAMS.
Mr. Thomas Coutts, banker in the Strand, has the
honor to deliver this, by desire of the author of the book,
who is his friend, and a gentleman of eminent character
and fortune.
April 28, 1787.
DIPLOMATIC CORRESPONDENCE. 243
FROM PATRICK MILLER TO JOHN ADAMS.
Edinburgh, April 14, 1787.
Sir,
I beg leave to present your Excellency with the account
of an invention for the improvement of naval architecture,
which is intended for the general good of mankind.
As I trust it will be followed with happy effects to the
nations who shall adopt it, and that I believe it will prove
particularly useful to the different States of North
America, from the nature of their coasts and inland navi-
gation, I request your Excellency to transmit the book
by the first opportunity to Philadelphia, to be delivered
to the honorable the Congress of the United States of
America.
I have honor to be, &c.
PATRICK MILLER.
FROM JOHN JAY TO JOHN ADAMS.
Office for Foreign Affairs, ?
July 4, 1787. 5
Dear Sir,
I have been honored with your letters of the 10th,
19th and 30th April, and 1st May last. Since the sitting
of the convention, a sufficient number of States for the
despatch of business have not been represented in Con-
gress, so that it has neither been in my power, officially
to communicate your letters to them, nor to write on
several subjects, on which it is proper that Congress
should make known their sentiments to you.
244 JOHN ADAMS— JOHN JAY.
Your information of the attempt to counterfeit the
paper of the Carolinas, and the probable design of ex-
porting base pence to this country, is interesting, and
shall be made proper use of.
The public attention is turned to the convention.
Their proceedings are kept secret, and it is uncertain
how long they will continue to sit. It is, nevertheless,
probable that the importance and variety of objects that
must engage their attention, will detain them longer than
many may expect. It is much to be wished that the
result of their deliberations may place the United States
in a better situation ; for if their measures should either
be inadequate or rejected, the duration of the union will
become problematical. For my own part, I am con-
vinced, that a national government as strong as may be
compatible with liberty, is necessary to give us national
security and respectability. Your book gives us many
useful lessons ; for, although I cannot subscribe to your
chapter on Congress, yet I consider the work as a valua-
ble one, and one that will tend greatly to recommend and
establish those principles of government, on which alone
the United States can erect any political structure worth
the trouble of erecting.
The western Indians are uneasy and seem inclined to
be hostile ; it is not to be wondered at, injustice is too
often done them, and the aggressors escape with impu-
nity ; in short, our government, both particular and
general, are either so impotent or so very gently ad-
ministered, as neither to give much terror to evil doers nor
much support and encouragement to those who do well.
I have not answered Colonel Smith's letters, but I have
not forgotten him, nor will I forget him. What Congress
DIPLOMATIC COKRESPONDENCE. 245
will say about your resignation or your successor, I know
not ; for that and other matters in this department are
yet to come under their consideration. The great delays
which mark their proceedings on almost every interesting
subject, are extremely inconvenient, and sometimes in-
jurious.
With great and sincere esteem, &c.
JOHN JAY.
FROM JOHN ADAMS TO JOHN JAY.
Grosvenor Square, London, May 8, 1787.
Dear Sir,
I am honored with your letter of April 2nd, and am
happy to receive the resolutions of Congress enclosed in
it, especially those oi the 21st of March, 1787.
The Convention at Philadelphia is to consist of mem-
bers of such ability, .weight and experience, that the
result must be beneficial to the United States.
The settlement of so many great controversies; such
as those between the Massachusetts and New York,
Pennsylvania and Connecticut, New York and Vermont,
&c. show that the Union has great weight in the minds
of the people. It is, indeed, an object of such magni-
tude, that great sacrifices ought to be made to its preser-
vation. The consequences of a division of the continent
cannot be foreseen fully, perhaps by any man, but the
most short sighted must perceive such manifest danger
both from foreign powers, and from one another, as can-
not be looked upon without terror. The navigation of
246 JOHN ADAMS— JOHN JAY.
the Mississippi, in the South, and the fisheries in the
north, have ever appeared to me, objects without which
the union cannot be preserved, and therefore, whether
the free use of them be obstructed for a time or not, it
has ever appeared a dangerous policy to cede the right
even for a moment.
Enclosed is a letter from our unfortunate countrymen
in captivity at Algiers, which must be sent in the original,
as there is not time to transcribe it.
I hope, sir, ere long, to receive your orders in conse-
quence of the resolutions of Congress preparatory to my
return home in the next spring. The conduct of this
Court in so imprudently, as well as uncivily, neglecting
to send a Minister to America, renders it impossible for
Congress, consistently with their own dignity to renew
my commission. When the American Minister shall
leave this country, they will begin to think it necessary
to send one of their own to New York. They may,
for what I know, wish in this way, to get rid of one,
whom they have not been able to mould to their views,
in hopes of obtaining another of a more ductile temper.
Let them try the experiment, I dare say they will be
disappointed. For, if Congress appoints another, he
will not be found more to their taste. This country is in
a shocjdng situation ; its royal family, its administration,
and its opposition, are all such as will never seduce an
American mind from his duty. He will only be shocked
at the sight and confirmed in his natural principles and
native feelings.
With great respect, &c.
JOHN ADAMS.
DIPLOMATIC CORRESPONDENCE. 347
Algiers, February 13, 1787.
Sir,
Your three letters to us dated London, the 29th Sep-
tember, we received the 7th instant, and are exceedingly
sorry to find by the tenor of your letters to us, that you
can give us no comfortable hopes or assurances of speedy
relief.
Respecting the erroneous report you suppose we might
have heard of what Mr. Lamb said to the Dey, and that
it is not likely that he made any promises to the Dey,
we shall mention to you what Mr. Lamb used to tell us
when he used to return from the Dey's palace after hav-
ing his different audiences.
Extract from our Journals in Algiers.
Saturday the 25th of March, arrived a brig from Bar-
celona, with John Lamb, Esq., and Mr. Randall, Com-
missioners from the United States of America to treat
with Lord Prince Mohamet Bashaw, Dey of the warlike
city and kingdom of Algiers. At 11 A. M. the Captain
of the port went on board the brig, and returned on shore
to the Mickelhadge, or third great man, informing him
there was two Americans on board the brig, and came to
redeem their people. Immediately the Dey was in-
formed, and at 1 P. M. they were admitted to land.
Mr. Lamb's message to the Dey was to admit him to the
honor of kissing his hand on the terms of peace. The
Dey answered that he would not, but if he came to re-
deem his people he would give him, &c. audience. On
the 29th Mr. Randall left Algiers on board a Spanish
248 JOHN ADAMS— JOHN JAY.
brig of war, bound to Alicant. On the 1st of April Mr.
Lamb was introduced to the Dey by the French Consul,
and attended by Mr. Wolfe. Mr. Lamb asked the Dey
his price for the Americans. The Dey said he would see
about it of the Marine officers. On the third of April
Mr. Lamb had his second audience. The Dey asked
Mr. Lamb what he would give. Mr. Lamb offered ten
thousand dollars. The Dey said his price was fifty thou-
sand dollars. Mr. Lamb said the price was great, but
he would see about it or consider. On the 5th Mr. Lamb
had his third audience. The Dey would not lower his
price, but said he wanted us in the marine. Mr. Lamb
offered to take us at thirty thousand dollars. The Dey
turned angry and said he had bread and olives enough for
us. On the 7th Mr. Lamb had his fourth audience.
The Dey would not lower his price but seventeen hundred
dollars. Mr. Lamb said the price was great ; he would
see what he could do in four months time. The Dey sent
his Drogoman to Mr. Lamb, after he returned to the
French Consul's, and asked Mr. Lamb if he was content
with the bargain. Mr. Lamb said the price was great,
but he must be content. Ever since it is considered in
Algiers that Mr. Lamb had made a regular bargain with
the Dey. Often since, Cidi Ali, the Dey's Lord of his
bedchamber, has told a young lad, one of our crew, that
the American Ambassador had agreed to take us at the
Dey's price. The lad is one of the Dey's chief atten-
dants, and the other day the Mickelhadge, or third great
man to the Dey, asked my carpenter, who is a servant or
slave to the Mickelhadge, where was the American Am-
bassador, saying he had promised to come or return in
four months.
DIPLOMATIC CORRESPONDENCE. 249
Sir, we would not wish to be understood that we write
so urgent on Mr. Lamb's contracts with the Dey, to
facilitate our redemption, but it is to give you a true
representation of Mr. Lamb's proceedings, for the good
and honor of our country, as we are fearful that if another
American Ambassador came here, it would be a very
great detriment to his proceedings, and should not be
much surprised if the Dey told him that he had made
one bargain already with the Americans, which they did
not keep or fulfil.
As Mr. Jefferson wrote us that Mr. Lamb was to make
no bargain respecting our redemption without our con-
sent ; when Mr. Lamb told us of the Dey's price, we
begged of him to make no further proposition on our
account, as it was not in his power to redeem us ; but he
went on his own way and did as I mention, so that you
see the considering part of the bargain was always on
Mr. Lamb. When the Dey mentioned so great a price ;
why was he not decisive, and say it was entirely out of
his power to give any such price ? better to say so than
to make promises that he was not empowered to do, not
to deceive the Dey and dishonor his country.
If we are not to be redeemed until the Dey will let
us go as cheap as others, we think we never shal^ be
redeemed, for those people do what they have a mind to
do, to let the slaves go for what they will, or not let
them go on any terms. We confess it would be setting
a bad example to pay so great a sum for a few, and other
unfortunate captives would feel the ill effects of it. It is
the duty of our country to redeem us on the best terms
they can, our unfortunate crews are employed on the most
laborious work, we are not prisoners of war, we are
VOL. v 32
250 .. JOHN ADAMS-JOHN JAY.
slaves, the consideration of which will induce our country
to consider our lamentable misfortune, hoping they will
adopt some effectual plan of extricating us from slavery,
and not suffer a remnant of their countrymen to die in
slavery in this barbarous country. We hope Mr. Lamb
has not told us one story and wrote the Ministers in
Europe another ; but from the tenor of your letters we
believe he has misrepresented his proceedings in Algiers
to you.
Redeeming the slaves is one thing and making the
peace is another, two different bargains ; witness the
Spaniards, we cannot see that redeeming us would be any
detriment to the making a peace, or that we shall be got
for less.
If Mr. Lamb, in having four audiences with the Dey,
could not prevail on him to lower his price, what will in-
duce the Dey to it on the terms of peace or conclusion of
treaties. Forty or fifty thousand dollars can be no great
object to so great and rich a Prince as the Dey of Algiers,
to induce him to a treaty with the United States.
Permit us to observe to you and our country, it has
been the custom, from time immemorial, for all nations
to redeem their people on the best terms they could.
The Spaniards, and other nations, used to redeem every
three years, until they were all led away with an erro-
neous opinion that the sums paid for the redemption used
to enable the Algerines and other Barbary States to con-
tinue their depredations of piracy. Time, which reveals
all things, has shewn the Spaniards and other nations, how
erroneous their judgment was. No nation in the world
can fit an equal number of cruizers half so cheap as the
Algerines can.
DIPLOMATIC CORRESPONDENCE. 251
Mr. Lamb declared to us that he did not bring any mo-
ney to redeem us, and even told us that if the Dey would
let us go at ten thousand dollars, he could not redeem us.
The six thousand dollars he had was for presents to pave
the way towards a peace, in case he brought them on a
truce. Why was Mr. Lamb so anxious with his propo-
sitions to the Dey, when he declared to us that he had
no money appropriated towards our use ?
We hope you will consider our lamentable misfortune,
and not extinguish entirely our hopes of being once more
in the land of liberty.
Your most obedient and very humble servants,
RICHARD O'BRYEN,
ZACHARIAS COFFIN,
ISAAC STEPHENS,
ANDREW MONTGOMERY, Mate.
ALEXANDER FORSYTHE, Mate.
~
. v.iiM-:r-? •!'.? T(f»' )?> 'tfi •• ./fu'fnflWin-A o» OT» « w» -v'A.
FROM JOHN ADAMS TO JOHN JAY.
London, May 14, 1787.
Dear Sir,
Last Thursday, according to your advice, I communi-
cated to Lord Carmarthen, not officially, but as private,
though authentic intelligence, the resolutions of Congress
of the twenty -first of March. His Lordship appeared
to be sincerely and highly pleased, and said that those
resolutions did the highest honor to Congress, and he
wished I had authority to communicate them formally.
The reason was explained to his Lordship, that there had
not been time for the Secretary of State to prepare in-
252 JOHN ADAMS— JOHN JAY.
structions, but that they might be expected to arrive in a
few weeks. The measure is as well founded in good
policy, as it is in justice and honor, and must produce a
good effect.
With great respect, &.c.
JOHN ADAMS.
FROM JOHN ADAMS TO JOHN JAY.
Grosvenor Square, May 23, 1787.
Dear Sir,
Enclosed are copies of two protests of bills* of ex-
change received from the Board of Treasury. They are
duplicates. Another set of copies I have transmitted to
that board, to whom these duplicates will, no doubt, be
referred.
Enclosed also arc copies of letters from the commis-
sioners of loans at Amsterdam, which render it necessary
for me to go to Amsterdam. I shall set off on Friday,
the twenty-fifth, and hope to return in three weeks, or
less. It is with great regret that I find myself reduced
to the necessity of opening a new loan, without the ex-
plicit and particular orders of Congress. But there is no
alternative but this, or immediate and total ruin to the
United States. Such is the nature of money transactions
in Holland, that if the punctual payment of the interest
* These bills were drawn the 31st March, 1787, by Constable
Rucker, & Co., of New York, on John Rucker, of London, in
favor of the Commissioners of the Treasury, and by them endorsed
over to Messrs. Willinks and Van Staphorsts. One was for £25,000
and the other for 50,000 guilders.
DIPLOMATIC CORRESPONDENCE. 253
is not advertised, a panic arises and spreads, the stock
falls, and every one is eager to get rid of what he has in
}iis hands. In consequence of a delay, only of a few
days to advertise the payment of our interest in June,
my obligations fell ninety-five per cent., as I am informed.
But immediately upon the advertisement's appearing they
rose again to ninety-nine, which is as high as they have
been for several years.
Mr. Barclay has drawn upon me for more money than
I expected, to pay the expense of presents and other
things in the Morocco negotiation, and has made several
draughts after I had supposed, or at least hoped, that the
payments were all made. But I could do no other than
presume, that the demands were necessary, and accept
his bills. He will render his account te Congress or the
Board of Treasury. But, if I am not mistaken he has
drawn upon me for near five thousand pounds sterling,
a sum considerably more than one quarter part of the
eighty thousand dollars, appropriated by Congress to
treaties with four powers, though it was always expected
that Algiers would be more costly than all the other
three.
The expenses of Colonel Franks' journeys and voy-
ages, and that of Colonel Smith's tour to Lisbon as well
as mine to Portsmouth and Holland, will amount to some-
thing, though not very considerable. What drafts upon
the bankers in Holland Mr. Jefferson has made, as men-
tioned in their letter, I know not, unless it be to pay for
honorary swords and medals, ordered by Colonel Hum-
phreys, in obedience to the orders of Congress, for which
I gave him a letter of credit before I left France. Pos-
sibly Congress may have authorized Mr. Jefferson to
254 JOHN ADAMS— JOHN JAY.
draw upon their Commissioners in Holland. If they have,
I am glad of it; but had not been informed of it.
I regret very much that I have not yet a letter of re-
call, which I might, upon this my last tour to the Hague,
present to their High Mightinesses, and take my leave,
in order to my return home, upon the expiration of my
commission to St. James. But although this is now im-
possible, I hope. Sir, soon to receive such a letter of re-
call that I may have lime to transmit it with a memorial,
which must answer the end of an audience of leave.
With great respect, &c.
JOHN ADAMS.
FROM MESSRS. WILHEM & JAN WILLINK, &C. TO JOHN
ADAMS.
Amsterdam, May 15, 1787.
We have your Excellency's esteemed favor of the
7th, and two of the 8th instant, transmitting us letters
from the board of treasury ; the detention whereof, later
than others we received per the April packet, has retard-
ed the business of a new loan during a whole week, a
delay of the utmost consequence at the eve of the June
interest falling due.
We sincerely lament the necessity Mr. John Rucker
was in to leave England, and hope the discredit such
an event must occasion, will be but temporary. Your
Excellency acted very properly in forwarding protests
only of the drafts upon him, but we recommend dupli-
cates should be sent.
Notwithstanding we adopted the payment of the sixty
DIPLOMATIC CORRESPONDENCE. 255
thousand guilders premiums, in pursuance of your Ex-
cellency's advice, had this been the only deficiency in
the remittance for the June interest, our zeal for the
credit and interest of the United States, would have in-
duced us to advance it; but the late considerable dispo-
sals of your Excellency, and his Excellency, Thomas
Jefferson, Esquire, have exhausted the funds in our
hands, much below the statement of the Treasury Board,
exclusive of the seventy-five thousand bills on Mr. John
Rucker, contrary to its expectation, not proving good.
So that the sum required is of such magnitude, as to
preclude all thoughts of supplying it by any other means
than a fresji loan, for effecting which, the time is very
short, indeed ; besides, the bonds of the former loan
being at a very low rate, and people uncommonly soli-
citous to sell them, a panic, we cannot account for,
otherwise than by the payment of the June interest not
being yet advertised.
We have assembled the principal brokers, and opened
the matter to them, under all the actual disadvantageous
circumstances ; they have promised to second our exer-
tions to raise money, by a new loan, which we shall be
obliged to pay dear for, and make of no less sum than a
million, whereof the undertakers will, however, engage
to receive only a certain sum, that we shall endeavor
may be sufficient for the June and February interests,
and the sums your Excellency may want for his salary
and ordinary disbursements, the remaining bonds to lie
by us for account of the United States. Thus the Board
of Treasury would not have to attend to any remittances
for this country, previous to the June interest of 1788,
by which period, we trust the measures that will be de-
256 JOHN ADAMS— JOHN JAY.
vised by the Assembly of Delegates at Philadelphia,
will have had the operation necessary to secure punctual
remittances for the future payments of interest on the
Dutch loans. j^ -
We cannot yet flatter your Excellency of success, but if
we should be so fortunate, we rely upon your Excel-
lency's readiness to pass immediately the requisite in-
struments, and to strain all your influence, that the
ratification of Congress may take place, and be trans-
mitted to us without any procrastination.
We are, respectfully, &c.
WILHEM & JAN WILLINK,
NIC. & JACOB VAN STAPHORST.
FROM MESSRS. WILHEM AND WILLINK, &C. TO JOHN
ADAMS.
Amsterdam, May 18, 1787.
Agreeably to what we had the honor to acquaint your
Excellency, the 15th instant, we have exerted ourselves
to procure money for payment of the interest due the 1st
proximo, by the United States. A matter very difficult
to be accomplished, as we had against us the late news
from America, no immediate flattering prospects and an
excessive scarcity of money here at present. We have,
however, been successful enough to persuade the under-
takers to subscribe to a new loan for one million of florins
upon the following conditions.
One thousand bonds for one thousand guilders each,
to be issued on the same conditions as the preceding loan
of five per centum, the interest commencing the first of
June.
DIPLOMATIC CORRESPONDENCE. 257
Of which thousand bonds, two hundred and forty to
he immediately negotiated to the subscribers; the one half
of their amount to be paid upon the delivery of the bonds.
The undertakers reserving to themselves the faculty of
taking to themselves one month's credit for payment of
the remaining half.
The surplus seven hundred and sixty bonds are to re-
main in our custody, subject to be delivered to the under-
takers, each one in proportion to his subscription at the
same rate of those actually negotiated, at the expiration
of which period those on hand will be at the disposal of
Congress.
Congress shall not be at liberty to make any farther
money negotiations in this country, until the surplus seven
hundred and sixty bonds shall be placed, or before the
end of the eighteen months they are to lie at the choice
of the undertakers to purchase them.
Such are the best conditions we have been able to
obtain, and although the money will cost the United
States eight per cent, including premium, our commis-
sion, brokerage and charges, we deem ourselves fortunate
to have been thus able to face the June interest ; an ob-
ject your Excellency justly views of the highest impor-
tance to the credit and interest of the United States.
By this arrangement we shall be obliged to advance
part of the interest, until the undertakers shall have
completed payment for the engaged bonds, upon which
advance we do not doubt the United States will most
readily admit our charge of interest.
We endeavored all in our power that the money should
be received by us in recepissees, and thus leave you the
time to visit the country and your conveniency to pass
VOL. v. — 33
258 JOHN ADAMS— JOHN JAY.
the bonds. But the undertakers have insisted as an
absolute condition, that they should be liable to pay only
on receipt of the bonds signed and perfected by you, so
that there is an indispensable necessity for your Excel-
lency's setting out for this country, with the full power
you have from Congress, by the packet which will leave
Harwich next Wednesday, or at latest on Saturday, the
26th instant, when we will have every thing ready that
your Excellency may be able to return by the next or
following packet.
We request your Excellency to be assured nothing in
our power was left untried to spare you t his jaunt so sud-
denly, but since the payment of the June interest entirely
depends upon this exertion of your Excellency, we are
confident it will be undertaken with alacrity ; and upon
this conviction we have assumed to advertise the pay-
ment of the interest on the first of June, which is in all
our newspapers of this day.
We are respectfully, &c.
WILHEM & JAN WILLINK,
NIC. & JACOB VAN STAPHORST.
FROM JOHN JAY TO JOHN ADAMS.
Office for Foreign Affairs, ?
July 31, 1787. 5
Dear Sir,
Since my last to you of the 4th instant, I have been
honored with yours of the 8th, 14th and 23rd of May
last, which have been communicated to Congress. I
have now the honor of transmitting to you herewith en-
DIPLOMATIC CORRESPONDENCE. 259
closed, certified copies of sundry acts of Congress, viz :
of the 21st March and 13th April last, relative to our
treaty with Britain : also, an act of the 20th July instant,
containing certain instructions to you on the same subject.
This latter act differs materially from the one reported
by me, especially in the plan and extent of the proposed
convention.
It gives me pleasure to inform you, that several of the
States have removed all obstacles to the full and fair ope-
ration of the treaty ; and there is great reason to expect
that certain others of them will do the like at the ensuing
sessions of their legislatures ; but whether every State
without exception, will adopt the measure, in its proper
latitude and extent, is not quite certain, especially consid-
ering the conveniences which many of their citizens have
derived from shelter against their British creditors.
In the act of Congress of the 23d instant, also enclosed
you will find a copy of a letter to his Catholic Ma-
jesty. That letter has been sent from hence to Spain in
a Spanish vessel; also a copy of a letter to the Emperor
of Morocco. That letter was sent to Mr. Jefferson, by
the French packet which sailed last week.
The ratification of the Morocco treaty was also sent
to him by the same opportunity. Measures respecting
the other hostile African States are under consideration.
On the 24th instant, Congress was pleased to pass an
act of which a copy is herewith enclosed, relative to the
house at the Hague.
Your letter respecting the new loan, &,c. were referred
to the Board of Treasury. Your attention and efforts on
that occasion merit commendation.
I have taken much pains to obtain a decision on the
260 JOHN ADAMS— JOHN JAY.
question of your return, &c., but as yet, without success.
I am not without hopes that it will be done to-day ; and
as the mail will not be closed before to-morrow. I shall,
in that case, write you another letter.
It seems that the Convention at Philadelphia have
agreed on the leading principles or great outlines of their
plan, and appointed a committee to put it into form ; but
we know not what it is, and I believe it is best that we
should not.
I have the honor to be, &c.
JOHN JAY.
• ., ' ( , f'-Jl -t', • ••! '^'\ '• i . < , ^
P. S. For your more particular information, 1 here-
with enclose certain papers, containing copies of acts and
letters numbered from 1 to 7 inclusive, which shew in
what States, and how far, the treaty of peace is at pre-
sent operating without constraint. I learn, this afternoon,
that Congress rose without having passed any act or reso-
lution relative to your return. I herewith enclose an
ordinance of Congress of the 13th instant, for governing
the western country, and a copy of the ratification of the
Morocco treaty, together with a parcel of the latest news-
papers.
List of papers mentioned in the postscript.
No. 1. An act of New Hampshire, passed 15th Sep-
tember, 1786. in compliance with the definitive treaty,
and the recommendation of Congress of 14th January,
1784, founded thereon.
No. 2. An act of Massachusetts, passed 30th April,
1787, for repealing all acts militating with, or infringing
the definitive treaty.
DIPLOMATIC CORRESPONDENCE. ^Q\
No. 3. Letter from the Governor of Rhode Island to
Mr. Jay, of 4th September, 1786, informing that all
prosecutions against absentees had ceased, and that
British subjects are not prevented from prosecuting for
the recovery of debts due to them.
No. 4. An act of Connecticut, passed the second
Thursday in May, 1787, repealing all acts repugnant to
the definitive treaty, and directing the courts of law and
equity to decide and adjudge accordingly.
No. 5. Acts of New York, passed the 4th and 20th
April, 1787, to repeal the different acts complained of
by the British merchants in their list of grievances.
No. 6. Letter from the Governor of New Jersey to
Mr. Jay, of 15th June, 1786, informing that that State
has complied with the recommendation of Congress of
14th January, 1784.
No. 7. An act of Maryland, passed 15th May, 1787,
declaring the definitive treaty to be the supreme law
within that State.
Extract from the Secret Journals of Congress, July 20,
1787.
On the report of a committee, consisting of Mr.
Kean, Mr. R. H. Lee and Mr. Duane, to whom was
referred a report of the Secretary for Foreign Affairs, of
the 23d April last, respecting instructions to the Minister
of the United States at the Court of London,
Resolved, That the Minister of the United States at
the Court of Great Britain be and he is hereby instructed,
to inform his Britannic Majesty that Congress have
taken measures for removing all cause of complaint rela-
262 JOHN ADAMS— JOHN JAY.
live to the infraction of the fourth and sixth articles of
the treaty of peace ; and that he communicate to his
Majesty their resolutions of the 21st March last, together
with their circular letter to the States, of the 13th day
of April.
Resolved, That the said Minister be and he hereby is
authorized and directed, in the name and behalf of the
United States, to propose and conclude a convention
with his Britannic Majesty, whereby it shall be agreed
that the value of slaves, or other American property
carried away contrary to the seventh article of the treaty
of peace, be estimated by commissioners ; and that he
also endeavor to obtain an article to fix the true construc-
tion of the declaration for ceasing hostilities, and to
stipulate that compensation be made for all captures con-
trary to it.
Resolved, That the said Minister be and he hereby is
further instructed, to assure his Majesty that it will
always give pleasure to Congress fairly to discuss and
accomodate every difference or complaint that may arise
relative to the construction, or to the performance of the
treaty : that they are determined to execute it with good
faith : and that as this is the only instance in which any
complaints have come regularly before them, they flatter
themselves that the readiness with which they have
taken measures to remove these complaints will create
in him a full confidence in the purity of their intentions :
and that he assure his Majesty, that they fully repose
and confide in his assurances " that whenever America
shall manifest a real determination to fulfil her part of
the treaty, Great Britain will not hesitate to co-operate
in whatever points depend upon her for carrying every
article into real and complete effect."
DIPLOMATIC CORRESPONDENCE. ^63
In debating the foregoing resolutions, a motion was
made by Mr. Smith, seconded by Mr. Grayson, to
amend the second resolution by adding thereto as follows,
after the word "commissioners:"
" And that payment for the same, together with a sur-
render of all the posts and places now held by his Majesty
within the limits of the United States, shall be made
within a certain reasonable time after the several States
shall have passed an act or acts in conformity to the
resolutions before mentioned, and formal notice shall be
given his Majesty that all the States shall have passed an
act or acts as above mentioned."
A motion was made by Mr. Dane, seconded by Mr.
Carrington, to amend the amendment by striking out
the words "together with a surrender of all the posts
and places now held by his Majesty within the limits of
the United States."
And on the question shall those words stand, the yeas
and nays being required by Mr. Smith, it passed in the
negative, and the words were struck out.
And the question to agree to the amendment as amend-
ed was negatived.
Exeter, September 18, 1776-
Sir,
I have the honor of enclosing a copy of an act of the
legislature of this State, fully complying with the defini-
tive treaty agreeably to the proclamation of Congress.
And am, &c.
JOHN SULLIVAN.
His Excellency the Secretary of Foreign Affairs.
264 JOHN ADAMS— JOHN JAY.
STATE OF NEW HAMPSHIRE.
Jn the year of our Lord one thousand seven hundred and
eighty-six,
An Act in compliance with the treaty of peace between
the United States and his Britannic Majesty, and
[L.S.] with the recommendation of Congress of the 14th
of January, 1784, founded thereon.
WHEREAS, several acts and laws during the late war
with Great Britain, were passed by this State, which are
(bund to be incompatible with the definitive treaty of
peace and friendship. And whereas, Congress did, on
the 14th day of January, 1784, earnestly recommend to
the legislatures of the respective States to reconsider and
revise all their acts and laws respecting the premises, so
as to render such acts and laws perfectly consistent, not
only with justice and equity, but with that spirit of con-
ciliation which, on the return of the blessings of peace,
should universally prevail.
Therefore be it enacted by the Senate and House of
Representatives in General Court convened, That the
fourth article of the said definitive treaty, viz: It is agreed
that the creditors on either side, shall meet with no law-
ful impediment to the recovery of the full value in ster-
ling money, of all bona fide debts heretofore contracted,
be complied with, as far as it respects this State, and that
the subjects of his Britannic Majesty shall meet with no
lawful impediment to the recovery of any such debts, but
shall have a right to recover the same, in the manner and
way solemnly stipulated in said article.
And be it further enacted, That in case any of the
estates, rights and properties of any real British subjects,
DIPLOMATIC CORRESPONDENCE. 265
or any of the estates, rights and properties of any per-
son or persons resident in any district or districts, which
were in the possession of his Britannic Majesty's arms,
between the 30th day of November, 1782, and the 14th
day of January, 1784, and who have not borne arms
against the United States, shall have been confiscated,
the act or acts so confiscating, shall, and hereby are re-
pealed ; and persons of any other description, shall have
free liberty to go to any part or parts of this State, (pro-
vided, that within fourteen days after their first arrival,
they lodge their names in the Secretary's office,) and
to reside in any town, place or district herein, during the
space of one year, to commence from the day of their
first arrival in this State and no longer ; and to remain
unmolested in their endeavors to obtain the restitution of
such of their estates, rights and properties as have been
confiscated.
And be it further enacted by the authority aforesaid,
that the act of this State passed nineteenth day of
November, 1778, entitled " an act to prevent the return
to this State of certain persons therein named, and of
others who have left or shall leave this State or either
of the United States of America, and have joined, or
shall join the enemies thereof," so far as the same mili-
tates with the said articles of peace, also the act passed
the 28th day of November, 1778, entitled " an act to
confiscate the estates of sundry persons therein named "
together with the additional acts to the said two acts and
all other acts and resolves of this State so far as they
militate with, or are repugnant to the spirit and meaning
of said treaty of peace and friendship between the United
States and his Britannic Majesty, shall be, and hereby
are repealed and made void.
VOL. v.— 34
266 JOHN ADAMS— JOHN JAY.
State of New Hampshire.
In the House of Representatives, September 15, 1786.
The foregoing bill having been read a third time, voted
that it pass to be enacted.
Sent up for concurrence.
JOHN LANGDON, Speaker.
In Senate the 10th September, 1786. This bill
having been read a third time, voted that the same be
enacted.
JNO. SULLIVAN, President,
Copy examined:
JOSEPH PEARSON, Secretary.
Boston, May 17, 1786.
Sir,
I had the honor of your letter of the 3rd instant, and
on receiving it directed the Secretary to examine how
far the Commonwealth of Massachusetts had complied
with the proclamation of Congress of the 14th January,
1784, and the recommendation accompanying it, pursu-
ant to the definitive treaty between the United States
and Great Britain.
In consequence of that direction, he has copied and
attested the several acts and resolutions of the legislature,
that can give you information upon the subject ; and the
copies, with his declaration prefixed, are enclosed.
I have the honor to be, &c.
JAMES BOWDOIN,
The honorable John Jay, Esq. >
Secretary for Foreign Affairs. $
DIPLOMATIC CORRESPONDENCE. 267
A memorandum of several acts, resolves, fyc. passed by
the legislature of the Commonwealth of Massachusetts.
An act for repealing two laws of this State, and for
asserting the right of this free and sovereign common-
wealth, to expel such aliens as may be dangerous to the
peace and good order of government. Passed March
24th, 1784.
An act in addition to an act, made and passed the
present year, entitled, An act for repealing two laws of
this State, and for asserting the right of this free and
sovereign Commonwealth, to expel such aliens as may be
dangerous to the peace and good order of government.
Passed November 10th, 1784.
An order instructing the Delegates of this Common-
wealth in Congress, to desire the sense of Congress,
whether it will consist with the treaty of peace between
Great Britain and the United States of America, for the
legislature to pass an act debarring British subjects and
absentees, from recovering any interest which may be sup-
posed to have accrued during the war, on debts contracted
before the war. Passed November 10th, 1784.
A resolve relating to interests on debts due to British
subjects and absentees, contracted before the war, and
directing the common law courts how to make up judg-
ment. Passed November 10th, 1784.
A resolve continuing the resolution of the 10th of
November, 1784. Passed February 7th, 1785.
The foregoing is a memorandum of several acts and
resolves passed by the legislature of the Commonwealth
of Massachusetts, since the proclamation of Congress of
the 14th of January, 1784, notifying the definitive treaty
268 JOHN ADAMS— JOHN JAY.
and its ratification, to the several States of the union, and
requiring their observance thereof, copies of which acts
and resolves are hereto annexed.
The two following described acts were passed by the
same legislature before the date of the said proclamation,
and copies of them are also annexed ; being relative to
the same subject, viz :
An act, passed March 25th, 1783, limiting the con-
tinuance of certain acts and resolves for preventing inter-
course with the enemy, as also another act, passed July
2d, 1783, to carry ?into execution an act made in the
year 1778, entitled, An act to prevent the return to this
State of certain persons therein named, and others who
have left this State or either of the United States, and
joined the enemies thereof.
The whole being transcribed by direction of his Excel-
lency, the Governor, in consequence of a letter to him
from the honorable John Jay, Esquire, Secretary for For-
eign Affairs, dated May 3d, 1786.
JOHN AVERY, Jr. Secretary.
Commonwealth of Massachusetts, in the year of our
Lord, 1784.
An act for repealing two laws of this State, and for
asserting the right of this free and sovereign common-
wealth, to expel such aliens as may be dangerous to the
peace and good order of government.
Whereas, it is necessarily incident to every free,
sovereign and independent State, to hold the right of
expelling from the dominions thereof, all aliens who pro-
DIPLOMATIC CORRESPONDENCE. 269
fess dispositions, or hold principles incompatible with the
safety or sovereignty of the State, and, whereas, all those
persons who have, since the 5th day of October, in the
year 1774, and before the making the present form of
government of this Commonwealth, gone off too, and
taken the protection of the government or fleet, or army
of great Britain, are considered and justly held to be
aliens to this Commonwealth ; and, whereas, those of
them who are named and mentioned in an act of this
State, passed in the year 1779, entitled, " An act to con-
fiscate the estates of certain notorious conspirators, against
the government and liberties of the inhabitants of the
late province, now State of Massachusetts Bay," and all
others of them, who have borne arms in the late war,
against this or either of the United States, or against, the
allies of the said State, or have lent money to the govern-
ment of Great Britain to carry on the late war, are justly
deemed to hold principles, and possess dispositions incom-
patible with the safety of the Commonwealth, and, there-
fore, ought to be excluded from this Commonwealth, and
it being evident that an indiscreet admission of the other
descriptions of those unhappy people, at this period,
might be attended with disagreeable and dangerous con-
sequences; but the laws made for their exclusion being
not calculated to produce those measures which are suita-
ble to a state of peace «nd tranquillity.
Be it therefore enacted by the Senate and House of
Representatives in General Court assembled, and by the
authority of the same, That an act made and passed in
the year 1778, entitled, " An act to prevent the return to
this State of certain persons therein named, and others,
who have left this State or either of the United States,
270 JOHN ADAMS— JOHN JAY.
and joined the enemies thereof;" and also, another act
passed in the year one thousand seven hundred and eighty-
three, entitled, " An act to carry into execution an act
made in the year one thousand seven hundred and seven-
ty-eight, entitled, " An act to prevent the return to this
State of certain persons therein named, and others, who
have left this State, or either of the United States, and
joined the enemies thereof," be and they both are here-
by repealed.
And be it enacted, That if any of the persons afore-
said who have left this State, and gone off to, and taken
the protection of the government, fleet, or army of Great
Britain, and are named in the act aforesaid, entitled, " An
act to confiscate the estates of certain notorious conspira-
tors against the Government, and liberties of the inhabi-
tants of the late Province, now State of Massachusetts
Bay," or have borne arms, or have joined to the said
fleet, army, or to any volunteer corps of the King of
Great Britain shall presume to return to this State to
reside therein, it shall be the duty of every justice of
the peace to give notice thereof to the Governor, and if
such person shall not immediately, upon the Governor's
giving order therefor, to depart the State, it shall be the
duty of every justice of the peace, to whom complaint
shall be made thereof, to apprehend such persons, and
him commit to the common gaol of the county, where he
may be, to be sent off by the order of the Governor with
advice of council.
And be it enacted, That no one of any other descrip-
tion of the said absentees shall be allowed to reside in
this State, until such person shall obtain a licence there-
for from the Governor with advice of council ; and if
DIPLOMATIC CORRESPONDENCE. 371
any of the said persons shall presume to reside within
this State, without such licence, he shall be treated in
the same manner as is provided by this act, respecting
those, who have borne arms against these States : Provi-
ded also, that no licence so given by the Governor with
advice of council shall have any force after the end of the
next session of the general Court after the same licence
shall be granted, and that the person, who shall obtain
the same, unless an act of naturalization shall be passed
in his favor, or the said licence shall be approved at the
said session of the general Court ; shall be treated in the
same manner, as if the said licence had not been obtained.
And whereas, by the sixth article of the treaty, lately
made between the United States and the King of Great
Britain, it is provided that no further confiscation shall
be made.
Be it therefore enacted by the authority aforesaid, that
the lands and buildings which any of the persons afore-
mentioned held in fee simple or by lesser estate, on the
nineteenth day of April, one thousand seven hundred
and seventy-five and which have not by the aforesaid act,
entitled " An act to confiscate the estates of certain noto-
rious conspirators against the government and liberties of
the inhabitants of the late province, now State of Mas-
sachusetts bay," or by judgment had on due process of
law on such estates, been confiscated, or have been
pledged by government for money borrowed, or sold by
agents according to the laws of the State for the payment
of debts due from the absentees, or have been made
liable to pay an annual charge for the support of any
poor person, shall be delivered up to the persons who
respectively owned such lands or buildings last before the
272 JOHN ADAMS— JOHN JAY.
19th of April, 1775, or to any persons claiming under
them respectively; provided such claimers are not included
in the act aforesaid, made in the year 1778, who shall
have the privilege of disposing of the same, at any time
within the space of three years next coming ; and any
deed or other conveyance made thereof, to any citizen
of this or either of the United States, shall be held good
and valid in law, to convey the same to all intents and
purposes, as fully and amply as if such grantor was a free
citizen of this Commonwealth ; any law of this common-
wealth to the contrary notwithstanding.
In the House of Representatives, March 24th, 1784.
This bill having had three several readings passed to
be enacted.
TRISTRAM DATTON, Speaker.
In Senate, March 24th, 1784.
This bill having two several readings passed to be
enacted.
SAMUEL ADAMS, President.
Approved :
JOHN HANCOCK.
J°HN AVERY> Jun' Secretary.
Commomvealth of Massachusetts, in the year of our Lord
one thousand seven hundred and eighty-four.
An act in addition to an act, made and passed the pre-
sent year, entitled, " an act for repealing two laws of this
State, and for asserting the right of this free and sovereign
commonwealth, to expel such aliens as may be dangerous
to the peace and good order of government."
DIPLOMATIC CORRESPONDENCE. 273
Whereas, in the last paragraph of the act aforesaid,
provision is made as follows: provided such claimers are
not included in the act aforesaid, made in the year 1778.
Be it further enacted by the Senate and House of Re-
presentatives in General Court assembled, and by the au-
thority of the same, that the proviso above recited be, and
hereby is repealed; and in lieu thereof
Be it enacted, That provided such claimers are not in-
cluded in the act aforesaid, entitled "An act to confiscate
the estates of certain notorious conspirators against the
government and liberties of the inhabitants of the late
province, now State of Massachusetts Bay."
And, whereas, by the act aforesaid, made and passed
in the present year, no provision is made respecting the s
real estates of such absentees, as have been mortgaged
or leased 'by order of government.
Be it therefore enacted by the authority aforesaid,
That all those real estates, which, on the 19th day of
April, in the year 1775, were the property of any per-
son or persons, who are mentioned, intended or described
in an act, passed in the year 1779, entitled, " An act for
confiscating the estates of certain persons commonly
called absentees," and which estates have been mortgaged
by order of government, shall be considered as having
been confiscated, saving only the right of redemption in
the legal claimers, or in the commonwealth where no
legal claimant shall appear, upon paying and discharging
the mortgage according to the true intent and spirit of
the same, which such claimants are authorized to do, in the
same manner as the Commonwealth might ; and where
such estates have been leased by order of government,
the income and profit, use and improvement thereof, shall
VOL. v.— 35
274 JOHN ADAMS— JOHN JAY.
be considered as confiscated for the term of which the
same is leased ; and the tenants shall hold the same
accordingly, till the end of the term, when the claimants
shall have the same ; and that all doings and proceedings
of agents and committees on any real estate of an absen-
tee, or a real British subject, which has not been confis-
cated, done and had, according to the laws and resolu-
tions of government, or which has been done by any
other person under orders of any military commander,
shall be good and valid to all intents and purposes.
And be it further enacted by the authority aforesaid,
That all the personal estate of the persons aforesaid, who
left this State, or any other of the United States, or any
of the provinces or colonies of America, since the 5th
day of October, in the year 1774, and before the making
of the present constitution or frame of government of
this Commonwealth, and went off to, and took the pro-
tection of the government, fleet, or army of Great
Britain, and which personal estate has been taken, sold,
used or disposed of, by order of government, shall be
held, deemed and taken to have been confiscated ; and
that no person or persons of the descriptions aforesaid,
shall have or maintain any action against any committee,
agent or any person whatsoever, who has disposed of the
same, in consequence of any law, resolve or order of
government, or of the provincial Congress, formerly
holden in this then province, or of any order or resolve
of the United States, or taken by the order of any mili-
tary commander, to the use of this, or the United States;
and where any action shall be brought therefor, the
party sued may plead the general issue, and give this
ct in evidence.
DIPLOMATIC CORRESPONDENCE. 375
In the house of Representatives, November 10th,
1784. This bill having had three several readings, pass-
ed to be enacted.
SAMUEL A. OTIS, Speaker.
In Senate, November 10th, 1784. This bill having
had two several readings, passed to be enacted.
SAMUEL ADAMS, President.
Approved, JOHN HANCOCK.
AVERY> Jr' Secretary.
Commonwealth of Massachusetts, in the year q/ our
Lord 1783.
An act limiting the continuance of certain acts and
resolves for preventing intercourse with the enemy.
Whereas, the grounds and principles of certain acts for
preventing commerce and correspondence with the ene-
mies of the United States will cease to operate at the
termination of the war.
Be it therefore enacted by the Senate and House of
Representatives in General Court assembled, and by the
authority of the same, That an act passed the third of
March, one thousand seven hundred and eighty one, en-
titled " An act for preventing all commerce and illegal
correspondence with the enemies of the United States
of America," and another act passed the 1st of May
1781, entitled, " An act in addition to an act, entitled
an act for preventing all commerce and illegal correspon-
dence with the enemies of the United States of America,"
and another act passed the 8th of November 1782, en-
276 JOHN ADAMS— JOHN JAY-
titled " An act in addition to an act," entitled " An act
in addition to an act entitled an act for preventing all
commerce and illegal correspondence with the enemies
of the United States of America, and also every part of
the resolve of the General Court, passed the 8th day of
May, A. D. 1782, respecting illicit trade with the ene-
mies of the United States, except that paragraph thereof
which makes provision that certain boats and vessels
therein described shall take permission from the naval
officer in certain cases, and another resolve passed the
9th day of October, A. D. 1782, for preventing the
enemy from being supplied with provisions from the
shores on the south side of the commonwealth, shall, from
and after the time at which the United States in Congress
assembled shall cause declaration to be made, that peace
has taken place between France, Great Britain and the
United States, be repealed, and every article and clause of
the before recited acts shall thereupon become null and
void to every intent and purpose save only of being used
to support any action or process that may have been com-
menced before, and pending at the time when, the said
acts and resolves are to cease.
In the House of Representatives May 25th, 1783.
This bill having had three several readings passed to be
enacted.
TRISTAM DALTON, Speaker.
In Senate March 25th, 1783. This bill having had
two several readings passed to be enacted.
SAMUEL ADAMS, President.
Approved. JOHN HANCOCK.
JOHN AVERY> Jun- Secretary.
DIPLOMATIC CORRESPONDENCE. 277
Commonwealth of Massachusetts, in the year of our
Lord 1783.
An act to carry into execution an act made in the year
1778, entitled, " An act to prevent the return to this
State of certain persons therein named, and others, who
have left the State, or either of the United States, and
joined the enemies thereof."
Whereas by the act above mentioned it is provided,
that certain persons therein named and described, should
be sent out of the State by the board of war ; and the
same board hath since been discontinued, by means
whereof there are no persons now in the commonwealth
who are empowered to carry the same act into effectual
execution.
Be it therefore enacted by the Senate and House of
Representatives, in General Court assembled, and by the
authority of the same, that in case any person now stands
committed by any magistrate, or hereafter shall be com-
mitted to any gaol in this commonwealth, by two justices
of the peace, in pursuance of the act aforesaid, such ma-
gistrate or justices shall immediately certify the same
commitment to the Governor of the Commonwealth, who
shall immediately, or as soon as may be, at the expense
of the Commonwealth, cause such persons so committed,
to be transported to some part or place within the domin-
ions of the King of Great Britain ; and if such person so
transported shall voluntarily return again to this Com-
monwealth, and be thereof convicted before the supreme
judicial court, such person shall suffer the same pains
and penalty as are provided in the said act, in case any
such person should return in to this State, after being trans-
278 JOHN ADAMS— JOHN JAY.
ported out of the same by the Board of War, according
to the directions of the said act.
Be it further enacted, that when any such person shall
be committed by two Justices of the peace, or taken
into custody by order of the Governor, to be sent out of
this State, no writ of replevin to replevy such person shall
be served, nor shall any action on such writ be prosecut-
ed, brought forward or supported, and every service of
such writ shall be utterly void, and the officer who shall
presume to execute the same, shall be liable to a fine of
one hundred pounds, and be incapable forever hereafter
of serving or executing any other writ or precept.
And be it further enacted by the authority aforesaid,
that this act shall continue and be in force until the re-
commendation of Congress, mentioned in the preliminary
articles agreed upon between the United States of
America and Great Britain, shall be laid before the general
Court and a final determination be had thereon, and no
longer.
In the House of Representatives, July 2nd, 1783.
This bill having had three several readings, passed to be
enacted.
TRISTRAM DALTON, Speaker,
In Senate July 2nd, 1783. This bill having had two
several readings, passed to be enacted.
SAMUEL ADAMS, President.
\ JOHN AVERY> Jun- Secretary.
DIPLOMATIC CORRESPONDENCE. 279
Commonwealth of Massachusetts, in Senate, November
9th, 1784.
Whereas, the payment of interest, which might have ac-
crued during the late war upon debts, due from the citizens
of this, or any of the United States priorto the commence-
ment of the same, to real British subjects, and others com-
monly call absentees, would be, not only, inequitable and
unjust, but the legislature of this Commonwealth con-
ceives repugnant to the spirit and intendment of the fourth
article in the treaty of peace, which provides only for the
payment of bona fide debts, and as the legislature have
taken measures to obtain the sense of Congress upon the
said article, so far as the same, respects the payment of
interest, which might have accrued as aforesaid, and in
the mean time judgments may be obtained in some of
the Courts of law within this Commonwealth for interest
accruing as aforesaid, contrary to the true design of the
said treaty, Therefore,
Resolved, That in all actions or suits, which are, or
may be instituted or brought to any of the judicial Courts
within the Commonwealth, wherein any real British sub-
ject or absentee is plaintiff, or defendant, and which
actions or suits by the laws thereof are sustainable therein,
the justices of the same Courts are hereby severally
directed to suspend rendering judgment for any interest
that might have accrued upon the demand contained
in such actions or suits, between the 19th day of April,
1775, and the 20th day of January, 1783, until the 3d
Wednesday of the next sitting of .the general Court:
Provided always, that if in any such actions or suits the
plaintiff shall move for, or by default have right to judg-
280 JOHN ADAMS— JOHN JAY.
ment, then, and in such case, the justices aforesaid shall
cause judgment to be entered for the principal sum,
which by the laws of this Commonwealth, such plaintiff
shall be entitled to recover, and all such interest as accrued
thereon before the said 19th day of April, and subsequent
to said 20th day of January, and execution shall issue
accordingly ; and if Congress shall hereafter determine
that the interest, which might have accrued on any bona
fide debt aforesaid during the war, ought, by the treaty
aforesaid, to be considered as a part of such debt, then
the said Courts respectively, shall proceed to enter a
further judgment for the amount of all such last mention-
ed interest, without any new process and issue execution,
for such farther sum accordingly, and all attachments
made, or bail given upon any action instituted as aforesaid,
shall be holden to respond the final judgment that may be
given for the amount of such last mentioned interest.
Sent down for concurrence.
SAMUEL ADAMS, President.
In the House of Representatives, November 10, 1784.
Read and concurred.
SAMUAL A. OTIS, Speaker.
Approved, JOHN HANCOCK.
AAttes?°Py' £JOHN AVERY>Jr- Secretary.
Commonwealth of Massachusetts, In Senate, November
9th, 1784.
Ordered, That the Delegates representing this Com-
monwealth in the United States, in Congress assembled,
DIPLOMATIC CORRESPONDENCE. 281
be, and they hereby are instructed to desire of Congress
their sense on the following questions, viz :
Whether it will consist with the treaty of peace sub-
sisting between Great Britain and the United States of
America, for the legislature of this Commonwealth to
pass an act debarring British subjects, and those persons
who left the late province of Massachusetts Bay after the
5th of October, 1774, and before the establishment of the
present constitution of this Commonwealth, and took
the protection of the King of Great Britain, or of his
government, fleet or army, or either of them, from re-
covering any interest which may be supposed to have
accrued during the war, on debts contracted before the war.
•And that the said Delegates be further instructed, in
the name and behalf of this Commonwealth, to request
of Congress their sense of the meaning of the words,
" bona fide debts," as mentioned in the fourth article of
the treaty of peace, and particularly whether the same
are intended and ought to be construed to include the
interest that would have accrued thereon, had not the
war intervened, and to communicate to the legislature of
this Commonwealth the doings of Congress thereon as
soon as may be.
Sent down for concurrence,
SAMUEL ADAMS, President.
o
In the House of Representatives, November 10th,
1784, read and concurred.
SAMUEL A. OTIS, Speaker.
Approved, JOHN HANCOCK,
JOHN AVERY> Jr' Secretary.
VOL. v.— 36
282 JOHN ADAMS— JOHN JAY.
Commonwealth of Massachusetts, In the House of Re-
presentatives, February 5th, 1785.
Whereas, the resolve passed the 10th day of Novem-
ber last, directing the common law courts to suspend
rendering judgment for interest on actions brought by
real British subjects or absentees, to the third Wednesday
of the present session of the general court, expired on
the 2d day of February, instant, and, whereas, the legis-
lature have not as yet obtained the sense of Congress
upon the fourth article in the treaty of peace, which
provides only for the payment of bona fide debts being
necessary for that purpose ; therefore, resolved, That the
said resolution of the 10th of November last, be and
hereby is declared to be continued in full force, and shall
operate in all cases as fully until the further order of the
general court, as the said resolution of the 10th day of
November last, might have operated previous to the third
Wednesday of the present session of the general court.
Sent up for concurrence.
SAMUEL A. OTIS, Speaker.
: .ttte i rnii •?. ?.:•,..••• ...'. v?'j . :5.;ifi?j'.Vil'>Ji«lOv^ *•'(•''••
In Senate, February 7th, 1785, read and concurred.
SAMUEL ADAMS, President.
JOHN AVERT, Jr. Secretary.
—»«®e«~- ! ( '•''
FROM JOHN COLLINS TO JOHN JAY.
Newport, September 4, 1786.
Sir,
Your first letter, requesting information of the measures
of this State, respecting the treaty of peace between the
DIPLOMATIC CORItESPONDENCK. 283
United States and Great Britain, hath been by the legis-
lature referred, and the report is not made ; however, be
pleased to be informed, that upon the treaty, and the
consequent ratification of Congress, being presented to
the general assembly, they immediately requested the
Governor to make known the contents thereof to all the
citizens, by proclamation, under the authority of the
State, requiring a strict compliance therewith, this was
done. All prosecutions against absentees, and others, for
the part they had taken in the war, that had not been
finished, were immediately nullified, and no further con-
fiscations have taken place. All persons residing under
the protection of the treaty, and that have applied to the
legislature for the restitution of property, or the rights of
citizenship, denization or even the capacity of prosecut-
ing actions or suits at law, have been heard, and in most
instances, their requests have been granted. The laws
from that moment, have been, and still are open to British
subjects to recover their debts, in the same manner as to
citizens of the State ; in short, the treaty, in all its abso-
lute parts, has been fully complied with ; and to those
parts that are merely recommendatory, and depend upon
the legislative discretion, the most candid attention has
been paid.
I have the honor of being, &c.
JOHN COLLINS.
State of Rhode Island and Providence Plantations, in
General Assembly, September Session, A. D. 1787.
Be it enacted by the General Assembly, and by the
authority thereof it is hereby enacted, That the treaty of
284 JOHN ADAMS— JOHN JAY.
peace entered into between the United States of America
and his Britannic Majesty, is fully binding upon all the
citizens of this State, as a law of the land, and is not in
any respect to be receded from, misconstructed or violated.
A witness^' I H* Z' SHERBURNE>
FROM SAMUEL HUNTINGTON TO JOHN JAY.
Council Chamber, Hartford, June 12, 1786.
Sir,
Your letter of the 3rd ultimo, addressed to the Gover-
nor of Connecticut, requesting information whether, and
how far this State has complied with the recommendation
of Congress, pursuant to the treaty of peace with Great
Britain hath been received.
In compliance with your request I have the satisfaction
to inform, that the statutes of this State, have all been
revised since the peace ; and all penal laws which sub-
jected any person to prosecution, by reason of any part
he had taken during the' war were repealed ; the whole
code, as revised, are transmitted to Congress; by examin-
ing those acts you may obtain the best possible informa-
tion on this article. There is nothing in them, we appre-
hend, inconsistent with the spirit and intent of the treaty.
This State has never confiscated any estate belonging
to real British subjects or had any law existing that would
warrant such confiscation.
Where confiscations had taken place against citizens of
the United States who resided in districts in the posses-
sion of the British during the war, but had not borne arms;
some of them, on application, have obtained a restitution
DIPLOMATIC CORRESPONDENCE. 285
of their estates, and we have no law, now existing, to
prohibit any person from making the like application, or
residing among us for that purpose.
The, sixth article of the treaty was immediately ob-
served. On receiving the same, with the proclamation of
Congress, the courts of justice adopted it as a principle of
law. No further prosecutions were instituted against any
person who came within that article, and all such prose-
cutions as were then pending were discontinued, so far as
my knowledge or information extends ; and I am satisfied
it was universally the case with respect to all persons who
claim the benefit of these articles. I may add in general
terms that the Legislature of this State and the Executive
Courts have religiously adhered to the treaty, and in no
instance as we conceive contravened any article therein
contained.
I have the honor to be, &c.
SAMUEL HUNTINGTON.
At a General Assembly of the State of Connecticut
holden at Hartford on the second Thursday of May
Anno Domini 1787. •
Whereas, the United States in Congress assembled,
have, by their resolution of tne 13th of April 1787, re-
commended to the several States, to repeal all such acts
and parts of acts of their several Legislatures as may be
now existing, in any of the said States, repugnant to the
treaty of peace between the United States and Great
Britain ; and that each State pass such act of repeal
whether any such exceptional act is existing in such State
286 JOHN ADAMS— JOHN JAY.
or not, and that rather by describing than reciting such
act, for the purpose of obviating all disputes and ques-
tions between the United States and Great Britain relative
to said treaty ; and although there hath been no com-
plaint or suggestion officially or otherwise, that there is
any act or part of an act, existing in this State, repug-
nant to said treaty, yet this assembly being at all times
disposed to conform to the true intent and spirit of the
articles of confederation, and to prevent and remove (so
far as to this assembly doth appertain) all causes of dis-
pute and contention and every just ground of complaint,
have thought fit to enact.
Be it enacted by the Governor, Council and Repre-
sentatives in general Court assembled, by the authority of
the same ; that such of the acts, or parts of acts of the
Legislature of this State as are repugnant to the treaty of
peace between the United States, and his Britannic
Majesty, or any article thereof shall be, and hereby are
repealed.
And be it further enacted by the authority aforesaid,
that the Courts of law, and equity within this State be,
and they hereby are directed and required in all causes
and questions cognizable by them respectively, and arising
from, or touching said treaty to decide, and adjudge ac-
cording to the tenor, true intent, and meaning of the
same, any thing in the said acts or parts of acts to the
contrary thereof in any wise notwithstanding.
A true copy of Record. Examined by
GEORGE WYLLYS, Secretary,
DIPLOMATIC CORRESPONDENCE. 287
FROM WILLIAM LIVINGSTON TO JOHN JAY.
Elizabeth Town, June 15, 1786.
Sir,
I have been honored with your letter of the 3d May,
informing me that Congress has been pleased to order
that you should " report particularly and specially how
far the several States have complied with the proclama-
tion of Congress of the 14th January, 1784, and the
recommendation accompanying the same, pursuant to the
definitive treaty of peace between the United States of
America and Great Britain," and requesting me to inform
you whether and how far the State of New Jersey has
complied with the recommendation in question. In
answer to which I can only inform you in general, that I
do not know of a single instance in which the State has
not strictly complied with the said proclamation, as well as
with the said recommendation, as far as by the said treaty,
the United States were bound to comply with such recom-
mendation. I have the honor to be, &c.
WILLIAM LIVINGSTON.
The honorable John Jay, Esquire.
FROM GEORGE CLINTON TO JOHN JAY.
New Yerk, July 20, 1786.
Sir,
In compliance with your tetter of the 3d of May last,
I have the honor to transmit you enclosed extracts from
the Journals of the assembly of this State containing the
information required, and am with great respect, &c.
GEORGE CLINTON.
The honorable John Jay, Esquire.
288 JOHN ADAMS— JOHN JAY.
In Assembly, January 31, 1784.
A message from his Excelllency the Governor to the
Legislature, (transmitted to this House by the hon-
orable the Senate) was read, and in the words follow-
ing, to wit :
"Gentlemen,
" It is with pleasure I embrace the earliest opportunity
of laying before you a proclamation of the United States
in Congress assembled, under their seal dated fourteenth
day of January instant, announcing the ratification of the
definitive articles of peace and friendship between those
States and his Britannic Majesty, and enjoining a due
observance thereof.
" I also submit to your consideration the recommenda-
tion of the United States in Congress assembled, in con-
formity to the said articles, contained in their resolution
of the said 14th day of January instant.
GEORGE CLINTON.
New York, January 30, 1784.
The papers which accompanied the said message of
his Excellency the Governor, were also read.
Ordered, That the said message of his Excellency the
Governor and the papers which accompanied the same
be committed to a committee of the whole House.
In Assembly March 31, 1784.
A copy of certain resolutions of the honorable the Se-
nate, delivered by Mr. Schuyler, were read in the words
following, viz :
Resolved, (if the honorable the House of assembly
concur therein) that it appears to this Legislature, that
DIPLOMATIC CORRESPONDENCE. 289
in the progress of the late war the adherents of the King
of Great Britain, instead of being restrained to fair and
mitigated hostilities, which are only permitted by the
law of nations, have cruelly massacred, without regard
to age or sex, many of our citizens, and wantonly deso-
lated and laid waste a very great part of this State, by
burning not only single houses and other buildings in
many parts of this State, but even whole towns and vil-
lages, and destroying other property throughout a great
extent of country, and in enterprizes which had nothing
but vengeance for their object."
" And that in consequence of such unwarrantable ope-
rations, great numbers of the citizens of this State have,
from affluent circumstances, been reduced to poverty and
distress."
" Resolved, that it appears to this Legislature that divers
of the inhabitants of this State have continued to adhere
to the King of Great Britain after these States were de-
clared free and independent, and persevered in aiding the
said King, his fleets and armies, to subjugate these United
States to bondage."
" Resolved, that as on one hand the rules of justice do
not require, so on the other, the public tranquillity will
not perniit that such adherents, who have been attainted,
should be restored to the rights of citizenship."
" And that there can be no reason for restoring property
which has been confiscated or forfeited, the more espe-
cially as no compensation is offered, on the part of the
said King, and his adherents> for the damages sustained
by this State and its citizens, from the desolation afore-
said."
" Resolved therefore, that while this Legislature en->
VOL. v.— 37
290 JOHN ADAMS— JOHN JAY.
tertain the highest sense of national honor, of the sanc-
tion of treaties, and of the deference which is due to the
advice of the United States in Congress assembled, they
find it inconsistent with their duty to comply with the
recommendation of the said United States, on the sub-
ject matter of the fifth article of the definitive treaty of
peace."
Resolved, That this House do concur with the honora-
ble the Senate, in the said resolutions.
Ordered, That Mr. Gordon and Mr. Scott, deliver a
copy of the last preceding resolution of concurrence, to
the honorable the Senate.
.•'"> •<!-.;' .'fc'iH fjfii tO SiiV^Jjl '.!•':'« ':
State of New York, ss.
I certify that the foregoing are true extracts from the
journals of the assembly, this 19th day of July 1786.
ISAAC VAN CLECK, Clerk,
For JOHN McNELSON.
f>rjj jwuf-iie in lo'tt^OTioq b'ifi ,1t}'ilx.iftqpbpi !)unr*&$!.b4W&>
..ltB®OU..
An act to repeal part of an act, entitled An act for
granting a more effectual relief in cases of certain
trespasses, passed April 4th, 1787. liusr^
Be it enacted by the people of the State of New York,
represented in Senate and Assembly, and it is hereby
enacted by the authority of the same, That so much of
the act aforesaid, as is contained in the words following,
to wit : " And if any such action shall be brought in any
inferior court within this State, the same shall be finally
determined in such court ; and every such action shall be
considered as a transitory action ; that no defendant or
DIPLOMATIC CORRESPONDENCE. 291
defendants shall be admitted to plead in justification, any
military order or command whatever, of the enemy, for
such occupancy, injury, destruction, purchase or receipt,
nor to give the same in evidence on the general issue,"
be, and the same is hereby repealed.
An Act to amend an act, entitled, An act relative to
Debts due to persons within the enemy's lines, and
another act, entitled, An act to explain and amend
the act entitled, An act relative to Debts due to per-
sons within the enemy's lines, passed l%th July, 1782.
Passed 20th April, 1787.
Be it enacted by the people of the State of New
York, represented in Senate and Assembly, and it is
hereby enacted by the authority of the same, That all
persons described in the fifth section of the said first
mentioned act, and the executors and administrators of
such persons, indebted by simple contract, bill single or
penal, or any other obligation, mortgage, security or de-
mand, whatsoever, to any person or persons described in
the said fifth section of the act aforesaid, or to the execu-
tors or administrators of such person or persons, shall be,
and hereby are discharged from any interest which may
have become due upon any such contract, bill, obliga-
tion, mortgage or securities, since the 1st day of Jan-
uary, 1776, inclusively, to the 1st day of May, in
the year 1786; Provided, That nothing in this clause
contained, shall be deemed to operate as a discharge of
any interest which may have accrued on any such bill,
obligation, mortgage or other security, executed since the
1st day of January, 1777.
292 JOHN ADAMS— JOHN JAY.
II. And be it further enacted by the authority afore-
said, That the said persons so indebted as aforesaid, their
executors or administrators, shall be obliged to pay the
debts or sums by them owing (after such deduction of
interest as aforesaid) to the person or persons aforesaid,
their executors or administrators, in the lawful current
money of this State, in three yearly instalments, and not
otherwise, to wit : one third part thereof on or before
the 1st day of May, in the year 1788 ; another third part
thereof on or before the 1st day of May, in the year
1789; and the other third part thereof, onror before the
1st day of May, in the year 1790 ; with interest upon
the amount of such debts or sums now due (after such
deduction as aforesaid) from the said 1st day of May, in
the said year 1786 ; any law, contract or usage to the
contrary thereof, in anywise notwithstanding ; Provided
always, That in case default shall be made in the pay-
ment of either of the said yearly instalments, and not
sooner, it shall be lawful for the creditor or creditors of
the person or persons making such default, to prosecute
for his, her or their debt or demand, in the same manner
as if this act and the acts herein before mentioned, had
never been passed ; but there shall not be levied, by
virtue of any execution, upon any judgment, sentence or
decree thereupon obtained, any other or greater sum than
the amount of the instalment or instalments, with the
interest thereon, in respect to which default shall have
been made ; and no foreclosure of any mortgage shall
operate as a bar to any equity of redemption, until after
the said 1st day of May, in the said year 1790 ; but it
shall be lawful in every such case, for the chancellor to
direct a sale of so much of the said mortgaged premises
DIPLOMATIC CORRESPONDENCE. 293
as will be sufficient to satisfy the instalment or instalments
which shall have become due, and the interest thereon.
Provided, also, That the said time given as aforesaid, for
the payment of such debts or demands, in cases where
the creditor or creditors has or have no mortgage or other
security upon any lands, tenements or hereditaments, shall
be, and the same hereby is upon the express condition,
that the debtor or debtors, his, her or their heirs, execu-
tors or administrators, as the case may be, shall, within
six months from the passing of this act, either give to the
creditor or creditors, good real or personal security for the
amount of the debt or demand, to the satisfaction of such
creditor or creditors, or shall deposit with, or tender to
such creditor or creditors, if within this State, and to be
found, or if not within this State, in the hands of the
treasurer of this State, for the benefit of such creditor or
creditors, by way of collateral security for his, her or
their debt or demand, the full amount of the principal
and interest thereof, without such deduction as aforesaid,
in the certificates issued or to be issued by the treasurer
of this State ; in default whereof, it shall be lawful for
such creditor or creditors to prosecute for his, her or their
debt or demand, in the same manner as if this act, or the
acts hereby intended to be amended, had never been
passed ; Provided further, That if such creditor or credi-
tors shall be willing to accept the payment of the whole
of the principal and interest of his, her or their debts or
demand, without such deduction as aforesaid, in any of
the certificates or sureties aforesaid, and shall notify the
same to his, her or their debtor or debtors ; and if such
debtor or debtors shall not make payment according to
such notification, within six calendar months thereafter ;
294 JOHN ADAMS— JOHN JAY.
then, and in every such case, it shall be lawful for such
creditor or creditors to proceed in the same manner as if
this act, or the acts hereby intended to be amended, had
never been passed ; And provided further, That nothing
herein contained shall be construed to extend to any
persons, creditors or debtors, not comprehended in the
acts aforesaid, except in cases of the assignment of any
bond, bill, obligation, mortgage, security or demand,
whatsoever, made to any person or persons whomsoever,
by any person who has remained with, gone into, or was
sent within the enemy's lines during the late war ; And,
provided further, That the same shall be deemed to
extend to the executors and administrators of all such
persons being now deceased, to whom the same would
extend if such persons were in full life, whether the said
persons died before or since the passing of the said first
mentioned act ; Provided, nevertheless, That the same
shall not be deemed to extend to any subjects of the
King of Britain, comprehended in the treaty of peace
between the United States of America and the said King.
III. And be it further enacted by the authority afore-
said, That all such parts of the said acts last mentioned,
as are in any wise repugnant to the true intent and
meaning of this act, be, and the same are hereby re-
At a session of the General Assembly, commenced at
Dover on the 20th day of October, 1787, and continued
by adjournment to the 2nd day of February following, in-
clusive, the following acts were passed, that is to say,
DIPLOMATIC CORRESPONDENCE. 295
An act for repealing all acts, or parts of acts, repugnant
to the treaty of peace between the United States and
his Britannic Majesty, or any article thereof.*
Wheras, certain laws or statutes made and passed in
some of the United States, are regarded and complained
of as repugnant to the treaty of peace with Great Britain;
by reason whereof, not only the good faith of the United
States, pledged by that treaty, has been drawn into ques-
tion, but their essential interests under that treaty greatly
affected. And whereas, justice to Great Britain, as well
as regard to the honor and interests of the United States,
require that the said treaty be faithfully executed, and
that all obstacles thereto, and particularly such as do, or
may be construed to proceed from the laws of this State,
be effectually removed: therefore,
Be it enacted by the General Assembly of Delaware,
and it is hereby enacted by the authority of the same,
That such of the acts, or parts of acts, of the legislature of
this State, as are repugnant to the treaty of peace, be-
tween the United States and his Britannic Majesty, or
any article thereof, shall be, and hereby are, repealed.
And further, that the courts of law and equity within this
State be, and they hereby are, directed and required in
all causes and questions, cognizable by them respectively,
and arising from or touching the said treaty, to decide
and adjudge according to the true intent and meaning of
*NOTE. — The act of Delaware was passed subsequent to the trans
mission of the other State documents by Mr. Jay to Mr. Adams, be-
ing on the same subject and having1 place among- the records, it is
deemed proper to give it an insertion. For the same reason, the
papers from Virginia, North and South Carolina, are published.
Nothing appears on record from either Pennsylvania or Georgia.
296 J°HN ADAMS— JOHN JAY.
the same; any thing in the said acts, or parts of acts, to
the contrary thereof in any wise notwits landing.
Signed by order of the House of Assembly.
JEHU DAVIS, Speaker.
Signed by order of the Council.
THOMAS M'DONOUGH, Clerk.
Passed at Dover, February 2d, 1788.
An act declaring the treaty of peace between the United
States and his Britannic Majesty the supreme law
within this State.
Be it enacted by the General Assembly of Maryland,
and it is hereby declared, that the treaty of peace made
between the United States of America and his Britannic
Majesty is the supreme law within this State, and shall
be so considered and adjudged in all Courts of law and
equity, and all causes and questions cognizable by the
said Courts respectively ought and shall be determined
according to the said treaty, and the tenor, true intent
and meaning thereof.
By the Senate, May 14, 1787.
Read and assented to by order,
J. DORSEY,
W. SMALL WOOD.
By the House of Delegates, May 15, 1787.
Read and assented to by order,
W. HARWOOD.
In testimony that the aforegoing is a true copy from
the original act of the General Assembly of Maryland
DIPLOMATIC CORRESPONDENCE. 297
remaining in the general Court, I have hereunto set
my hand and affixed the seal of office the 29th day of
June in the year of our Lord, 1787.
THOS. B. HODGKIN, O &c. Gen. Ct. W.
FROM P. HENRY TO JOHN JAY.
Richmond, June 7, 1786.
'Sir,
An act of our assembly and sundry resolutions accom-
pany this ; and from them will appear every thing which
has been done by our legislature touching the subject
mentioned to me in your last favor.
I am, Sir, &c.
P. HENRY.
The honorable John Jay, Esquire.
\
Virginia to wit:
General Assembly begun and held at the public buildings,
in the city of Richmond, on Monday the 18th day
of October, in the year of our Lord, one thousand
seven hundred and eighty four.
An act respecting further confiscations.
Whereas, it is stipulated by the sixth article of the
treaty of peace between the United States and the King
of Great Britain that there shall be no future confisca-
tions made.
Be it enacted that no future confiscations shall be made,
any law to the contrary notwithstanding: Provided this
act shall not extend to any suit depending in any Court
VOL. v. — 38
298 JOHN AUAMS-JOHN JA\.
which commenced prior to the ratification of the treaty
of peace.
ARCHIBALD GARY, Speaker of the Senate.
JOHN TYLER, Speaker oj the H. of Del
Certified as a true copy from the enrolment.
JOHN BECKLEY, Clerk of the H. Del
FROM RICHARD CASWELL TO JOHN JAY.
North Carolina, Kinston, June 21, 1786.
Sir,
Your letter of the 3d of last month, I had the honor
to receive, and, in compliance therewith, you have en-
closed a copy of a proclamatfon issued by my predecessor
in office and a copy of an act to restore to Mr. Bridgin
estate.
These are the only acts of of the legislative and ex-
ec^jive powers of this State, in consequence of the
definitive treaty of peace between the United States of
America and Great Britain and the recommendation of
Congress thereupon, that I at this time recollect.
I have honor to be, &tc.
RD. CASWELL.
Honorable John Jay, Esquire.
State of North Carolina.
At a General Assembly begun and held at Newburn on
the 19th day of November, Anno Domini, 1785.
Among other acts was passed the following, viz :
" An act to restore to Edward Bridgin his heirs and
assigns, all his property real and personal in this
State."
DIPLOMATIC CORRESPONDENCE. 299
Whereas, the estate of Edward Bridgin, merchant of
London hath been confiscated by the laws of this State,
and whereas, a committee of the General Assembly,
hath reported they are of opinion that the said Edward
Bridgin is entitled to every indulgence of the Legislature.
Be it therefore enacted by the General Assembly of
the State of North Carolina, and it is hereby enacted by
the authority of the same, that all the real and personal
estate of the said Edward Bridgin, lying and being in
this State, confiscated as aforesaid, and as yet undisposed
of, and the amount of purchase money or obligations, for
such part as has been sold, be, and hereby is restored to
him, his heirs and assigns, and shall not be liable to the
operation of any confiscation law heretofore made.
Read three times and ratified in General Assembly the
29th day of December, A. D. 1785. ,
ALEXANDER MARTIN, Speaker Senate. '
RD. DOBBS SPAIGHT, Sp. Commons. $
I certify the foregoing to be a true copy.
WINSTON CASWELL, Secretary.
•••*\ \ , i.vrfr.sl H;! i s/i •
State of North Carolina.
By his Excellency Samuel Johnston, Enquire, Governor,
Captain General and Commander-in- Chief in and
over the said States
To all to whom these presents shall come :
It is certified that James Glasgow, who certifies the
act hereunto annexed, to be a copy of ..the original
act filed in the Secretary's office, is Secretary of the
300 JOHN ADAMS— JOHN JAY.
said State ; and that full faith and credit are due to his
official acts.
Given under my hand and the great seal oi the State
at Edenton, this 25th day of August, 1788.
SAMUEL JOHNSTON.
By his Excellency's command:
WILLIAM JOHNSTON DAWSON, P. S.
An act declaring the treaty of peace between the United
States of America and the King of Great Britain to be
part of the law of the land.
FROM WILLIAM MOULTRIE TO JOHN JAY.
• Charleston, South Carolina, June 21, 1786.
Sir,
1 have been honored with your favor of 3d of May,
requesting to know, for the information of Congress, how
far this State has complied with the proclamation and
recommendation of Congress of the 14th January, 1784.
The subjects of Great Britain have encountered no
other difficulties or impediments, than have the citizens
of America in the recovery of their debts ; such was the
situation of the State, that the Legislature conceived it
necessary to pass laws tantamount to the shutting the
Courts, and in this case even British subjects who had
property among us, were saved from ruin equally as those
of America.
Agreeably to the 5th article of the treaty which Con-
gress earnestly recommended. This State upon serious
consideration, very liberally complied witfi that recom-
DIPLOMATIC CORRESPONDENCE. 301
mendation, and restored most of the estates that were
under confiscation ; the property carried off by the British,
and belonging to the citizens of the State, far exceed in
value the property which by our laws has been confiscat-
ed and sold ; and no subsequent act of confiscation has
taken place, to the above recommendation of Congress.
This State passed an act February 26, 1782, to pre-
vent the recovery of debts ; and this being done prior to
the treaty of peace and since continued from time to
time in force, could not possibly have in view to distress
the British subjects.
The treaty of peace also required, twelve months to be
allowed banished persons, and others attached to British
government, to settle their affairs, this State has generous-
ly added three months more to the twelve, and in some
instances upon application, it has been further extended
by the executive.
I have the honor to be,
WILLIAM MOULTRIE.
PROM JOHN ADAMS TO JOHN JAY.
Grosvenor Square, London, 16th June, 1787.
Sir,
Enclosed is a copy of the translation, from the Dutch
into the English, of the contract entered into by me in
behalf of the United States by virtue of their full power,
for a million of guilders. This measure became abso-
lutely necessary to prevent the total ruin of their credit,
and the greatest injustice to their former creditors, who
are possessed of their obligations: for the failure in pay-
302 JOHN ADAMS— JOHN JAY.
ment of the interest but for one day, would in Holland
cause those obligations to depreciate in their value like
paper money.
It is of great importance that this contract should re-
ceive a prompt ratification in Congress, and be re-trans-
mitted to Amsterdam as soon as possible. Whether this
loan may not enable Congress, or their Board of Treasury,
to raise the credit of their own paper at home, in some
degree, is for them to consider, and whether the Board
of Treasury may not purchase produce to advantage, and
contract to have it delivered free of all risk and charges
at Amsterdam, and pay for it in bills of exchange, I know
not. If they do this I should advise them to send one
cargo to the house of Willinks, and another to the house
of Van Staphorts, instead of consigning the whole jointly
to both houses. This would not only excite an emulation
between the two houses to make the most advantage for
the interest of the United States, but would prevent delays
and other inconveniences, which must arise from two
houses meeting to consult and dispose of a vessel and
cargo.
As the brokers or money lenders were pleased to insist
upon my signature to all the obligations, I was obliged to
make a tour to Amsterdam for that purpose, and hap-
pened to enter the city the day after the first riots, which
continued two nights while I was there. The proceed-
ings of the Prince of Orange have at last brought on a
crisis; and the English are holding out an appearance as
if they thought it possible they might be obliged to take
a part in it. If no foreign power interferes, the patriotic
party is so much stronger than the other, that I think the
Prince must give way in the principal points in contro-
DIPLOMATIC CORRESPONDENCE. 303
versy. If any one foreign power interferes, many others
must follow the example. This being well known, and
France and England weary of war for the present, I hope
the Dutch will be left alone to settle their own disputes.
With great respect, &c.
JOHN ADAMS.
A contract for a loan of one million Guilders — Trans-
lation from the Dutch. WOLFF.
On the 1st day of June, in the year 1787, appeared
before me, Peter Galenus Van Hole, notary of Amster-
dam, admitted by the honorable court of Holland.
His Excellency, the honorable John Adams, Esquire,
Minister Plenipotentiary on the part of the United States
of America, &c. &tc. in quality, as especially empowered
and authorized by the abovementioned States of America,
in Congress assembled, for and in behalf of said States
of America, to raise a loan with any person or persons,
states or companies, with subjoined assurance in good
faith to ratify and fulfil all that shall be done in this
respect, by him, honorable appearer, according to authen-
tic copy and translation of the original commission or
power exhibited to me, notary, and deposited in my
custody, in behalf of the joint money lenders.
The honorable appearer residing in London, but being
now in this city.
And the honorable appearer acknowledged himself in
his aforesaid quality, and thus in the name and in behalf
of the abovementioned States of America, to be duly
and lawfully indebted to and in behalf of sundry persons
304 JOHN ADAMS— JOHN JAY.
or money lenders, in all a sum of one million of guilders,
Dutch current money, arising from and on account of so
much ready money received by him the honorable ap-
pearer, in his aforesaid quality, to his perfect satisfaction,
from the said money lenders, pursuant to the receipt
hereafter mentioned to be signed by the honorable ap-
pearer, under the authentic copies hereof; expressly and
formally disavowing the excuse of untold moneys.
And the honorable appearer promised in his aforesaid
quality, to repay and re-imburse in this city, the said sum
of one million of guilders, free from all costs, charges and
damages to the abovementioned money lenders or their
assigns, at the expiration of fifteen years, after the 1st
day of June, 1787, and that in the following manner,
to wit:
That the abovementioned principal shall remain fixed
during the space of ten years, and that with the llth
year, and thus, on the 1st day of June, 1798, a fifth part
or two hundred thousand guilders of the said principal of
one million shall be redeemed, and in the same manner
from year to year, until the 1st day of June, 1802, inclu-
sive ; so that the whole principal shall be redeemed and
discharged within the abovementioned space of fifteen
years.
And that meanwhile for said principal, at first for the
whole, and afterwards for the residue, at the expiration of
every year, interest shall be paid at the rate of five per
cent, in the year commencing the" 1st day of June, 1787,
and continue until the final accomplishment, and that on
coupons, to be signed by, or on the part of said honora-
ble appearer, in his aforesaid quality.
That the abovementioned redeeming shall be performed
DIPLOMATIC COKRESPONDENCE. 3Q5
by drawing, in the presence of a notary and witnesses in
this city, after the expiration of the first mentioned ten
years, in such a manner that the numbers of the bonds or
obligations drawn shall be betimes made known in the
public papers.
That the payment of the interests, as also the re-
deeming of the respective periods, shall be made at the
counting-houses of the hereafter mentioned gentlemen
directors, or at such other places within this city as shal
likewise be advertised in the public papers.
That the directors of this negotiation shall be Messrs.
Wilhelm and Jan Willink, and Nicholas and Jacob Van
Staphorst, of this city, merchants, who are by these
presents thereto named and appointed by the honorable
appearer, in his aforesaid quality.
The honorable appearer promising and engaging in the
names of his constituents, that the amount of the interests
and of the redeemings to be made, from time to time of
the said principal, shall be in due time remitted to the
aforesaid gentlemen directors, their heirs or successors, in
good bills of exchange, American products, or in ready
money, without any abatement or deduction whatsoever.
That this bond or obligation shall never be subject to
any imposts or taxes already laid, or in time to come to
be laid, in the said United States of America, or any of
them, even in case (which God forbid) any war, hostili-
ties or divisions, should arise between the aforesaid United
States, or any of them on the one side, and the states of
these lands on the other, and, that the payment of princi-
pal or interests of this bond or obligation, accordingly,
can, in no wise, nor under any pretext whatsoever, be
hindered or delayed.
VOL.
306 JOHN ADAMS— JOHN JAY.
The honorable appearer, in his aforesaid quality, pro-
mising and engaging, moreover, for, and in the names of
the said United States, that there shall never be made, or
entered into by them, or on their parts, or any of them
in particular, any convention or treaty, public or private,
at the making of peace or otherwise, by which the vali-
dity and accomplishment of these presents might be
prejudiced, or, whereby any thing contrary thereto might
be stipulated, but, that without any exception, the con-
tents hereof shall be kept and maintained in full force.
The honorable appearer, in his aforesaid quality, like-
wise promises, engages and binds himself by these
presents, that this engagement shall be ratified and ap-
proved as soon as possible by said United States in
Congress assembled, and that authentic copy, translation
of said ratification, with the original, shall be deposited
in custody of me the said notary, to be there kept with
said authentic copy translation of the commission or
power of him, honorable appearer, and the engrossed
hereof for the security of the money lenders, until the
abovementioned principal and interests as aforesaid shall
be redeemed and paid off.
And there shall be made of this act. (as the honorable
appearer in his aforesaid quality consents) above and
besides the abovementioned engrossed one thousand
authentic copies, which shall be of the same force and
value, and have the same effect as the engrossed one,
under every one of which copies shall be placed a receipt
of one thousand guilders, Dutch current money, either on
name or in blank, at the choice of the money lenders, to
be signed by him, honorable appearer, and which receipts
shall be respectively numbered from number one to
DIPLOMATIC CORRESPONDENCE. 3Q7
one thousand, inclusive, and countersigned by the above-
mentioned gentlemen directors, and duly recorded by me
the said notary, as a testimony that no more than one
thousand bonds or obligations are numbered by virtue of
this act.
All which authentic copies, with the receipts there-
under placed, shall, at the redeeming of the principal, be
restored by the bearers.
On failure of prompt payment, as well of the principal
as of the interests at the appointed periods, the principal
or residue thereof may be demanded by the gentlemen
directors, in behalf of the money lenders, who shall be
then interested therein, and the aforesaid constituents and
committents of him, honorable appearer, shall in that
case be held and bound to redeem and discharge imme-
diately in one sum, the remaining principal, with the
interests and charges ; for the accomplishment and per-
formance of all the above written, the honorable appearer
binds in his aforesaid quality, and thus, in the names and
on the part of the abovementioned United States of
America, the said United States of America, jointly, and
each of them in particular, together with all their lands,
chattels, revenues and products, and also the imposts and
taxes already laid and raised in the same, or in time to
be laid and raised, and thus of all the United States of
America, jointly, and each of them in particular, and for
the whole.
He, the honorable appearer, renouncing in the names
as above, for that purpose expressly, benejlcium divisionis,
as likewise de duobus vel pluribus reis debendi, signify-
ing a retribution of debts, and that when two or more are
indebted, each of them can satisfy with the payment of
308 JOHN ADAMS— JOHN JAY.
his portion ; the honorable appearer promising in his
aforesaid quality, never to have recourse to the said or to
any other evasions whatsoever.
This being passed, (after translation into English was
made hereof, and which likewise is signed by the honora-
ble appearer, and deposited in the custody of me, the
said notary) within Amsterdam aforesaid, in the presence
of Martinus Gerard us Brondgeest and Jacob de Wolff,
witnesses.
JOHN ADAMS,
M. G. BRONDGEEST,
J. D. WOLFF,
P. G. VAN HOLE, Notary.
Faithfully translated from the Dutch. Amsterdam,
the 1st day of June, anno 1787.
JOANNES VERGEEL LAC SON,
Sworn Translator.
Office for Foreign Affairs, )
12th October, 1787. \
The Secretary of the United States for the Department
of Foreign Affairs, to whom was referred a letter of
the 16th June, 1787, from Mr. Adams, with the con-
tract therein mentioned, reports,
That this contract appears to him to have been made
under such circumstances as to render it expedient to
ratify it', and therefore, in his opinion, it would be proper
for Congress to ratify it in the usual form.
All of which is submitted to the wisdom of Congress.
JOHN JAY.
DIPLOMATIC CORRESPONDENCE. 309
FROM JOHN JAY TO JOHN ADAMS.
New York, 4th September, 1787.
Dear Sir,
Although I have nothing important to say or transmit,
yet I cannot let the packet sail without a few lines to
you.
I wrote to you the 31st of July by Major Sears, and
have since received yours of the 16th June, with the con-
tract mentioned in it. They are on the table of Con-
gress, but the want of an adequate representation of the
States has prevented any thing being yet done on that,
or indeed on any other subject, since their arrival.
Until the convention rises, I fear Congress will continue
much in its present state, and, of course, many things
will be left undone which ought to be done.
My report respecting your return lies in the state it
was, although nothing on my part has been omitted to
obtain a decision on it. It is expressed in terms which,
so far as it respects yourself individually, will, I flatter
myself, strongly evince the respect and esteem with
which I am, &c.
JOHN JAY.
P. S. A packet with newspapers accompanies this.
Be pleased to present my compliments to Col. Smith.
Extract from the Secret Journals of Congress, August
1, 1787.
The Secretary of the United States for the Depart-
ment of Foreign Affairs, to whom were referred two letters
310 JOHN ADAMS— JOHN JAY.
from the honorable John Adams, of the 24th and 27th
January last, having reported, that in his opinion it would
be proper to resolve, " That the honorable J. Adams,
the Minister Plenipotentiary of the United States at the
Court of London, be permitted, agreeably to his request,
to return to America at any time after the 24th February,
1788 ; and that his commission of Minister Plenipoten-
tiary to their High Mightinesses do also then determine ;"
and the same being under consideration, a motion was
made by Mr. Dane, seconded by Mr. Clark, to amend it
by inserting immediately after 1788, the words following,
viz : " and that a person be appointed to take charge of
the affairs of the America^ legation at the Court of Lon-
don, from the expiration of the commission of the present
Minister to the arrival there of another Minister to succeed
him, or until the further order of Congress.
On the question to agree to this amendment, the yeas
and nays being required by Mr. Dane, the question
was lost.
The proposition of the Secretary for Foreign Affairs
being divided, on the question to agree to the first part as
far as " 1788" inclusive, the yeas and nays being required
by Mr. Grayson, the question was lost.
FROM JOHN JAY TO JOHN ADAMS.
* Foreign 1
3d October, 1787
Office for Foreign Affairs, ?
Dear Sir,
Still I am unable to give you satisfactory information on
the old and interesting subject of your return. My re-
DIPLOMATIC CORRESPONDENCE, gj 1
port on it is not yet decided upon by Congress, although
some progress has been made in it. My endeavors to
forward it shall continue unremitted.
My last to you was on the 4th day of September, since
which I have not had the honor of receiving any letter
from you. Your letter of the 16th June last, with the
paper it enclosed, were immediately laid before Con-
gress, and I hope soon to be enabled to send you the ra-
tification you mention: for I flatter myself there will be
no difficulty on that head.
I enclosed a copy of the federal government recom-
mended by the convention, and which has already passed
from Congress to the States. What will be its fate in
some of them, is a little uncertain ; for although generally
approved, an opposition is to be expected, and, in some
places, will certainly be made to its adoption.
There are now but nine States represented in Con-
gress, and unless that number should continue there for
some weeks, much business, and particularly in the De-
partment of Foreign Affairs, will remain unfinished.
There is mueh to be done, and I am apprehensive that
much will be left too long undone ; for the expectation
of a new government will probably relax the attention
and exertions of the present.
With great and sincere esteem and regard, I have the
honor to be, &c,
JOHN JAY.
312 JOHN ADAMS— JOHN JAY.
Extract from the Secret Journals of Congress, September
24, 1787.
The Secretary of the United States for the Depart-
ment of Foreign Affairs, to whom were referred two
letters from the honorable John Adams, of the 24th and
27th of January last, having reported that the first of
these letters gives occasion to several questions :
1. Shall Mr. Adams return after the expiration of his
commission to the Court of London, viz : the 24th Feb-
ruary, 1788 ?
And having on this reported, that he is persuaded Mr.
Adams really wishes and means to return next spring :
Whereupon,
Resolved, That the honorable John Adams, the Min-
ister Plenipotentiary of the United States at the Court of
London, be permitted, agreeably to his request, to return
to America at any time after the 24th of February, in
the year of our Lord, 1788 ; and that his commission of
Minister Plenipotentiary to their High Mightinesses do
also then determine.
The Secretary having also reported the following
resolution :
That Congress entertain a high sense of the services
which Mr. Adams has rendered to the United States, in
the execution of the various important trusts, which they
have from time to time committed to him. .And that the
thanks of Congress be presented to him for the patriotism,
perseverance, integrity and diligence, with which he has
ably and faithfully served his country.
A motion was made by Mr. Henry Lee, seconded by
Mr. Blount; that the consideration of this be postponed.
DIPLOMATIC CORRESPONDENCE. 313
And on the question for postponement, the yeas and nays
being required by Mr. King, the question was lost.
A division was then called for ; and on the question to
agree to the first clause as far as the word "him" inclu-
sive, the yeas and nays being required by Mr. King, the
question was lost.
On the motion to agree to the second clause, the yeas
and nays being required by Mr. King, the question
was lost.
The Secretary having further reported, that the second
question arising from the Letter is, whether it will be ex-
pedient for the United States to appoint another Minister
to take the place of Mr. Adams at the court of London.
And on this head, having given his opinion that it will
be expedient to appoint another, because there do exist
differences between the United States and the court of
London, which cannot too soon be adjusted, which must
become the subject of occasional explanations and nego-
tiations, and which on the part of the United States
cannot be so well managed and conducted, as by means
of an intelligent and discreet Minister on the spot. Your
Secretary's feelings strongly prompt him to retaliate the
neglect of Britain in not sending a Minister here; but as
he conceives that such retaliation would eventually pro-
duce more inconveniences than advantages, he thinks it
had better be omitted ; especially as he is persuaded that
this neglect will cease, the moment that the American
government and the administration of it, shall be such
as to impress other nations with a degree of respect,
which various circumstances deny to Congress the means
of imposing at present. He thinks it should be the
policy of the United States, at present, to keep all things
VOL. v.— 40
314 JOHN ADAMS- -JOHN JAY.
as smooth and easy, and to expose themselves to as few
embarrassments as possible, until their affairs shall be in
such a posture as to justify and support a more nervous
style of conduct and language. Britain disputes the
eastern boundary of the United States ; she holds impor-
tant posts and territories on the frontiers ; and she com-
plains that the treaty of peace has been violated by
America. These affairs are important, and the manage-
ment of them requires prudence and temper, especially
considering how little the actual state of our national
affairs tends to repress the influence, either of unfriendly
dispositions and passions, or of that kind of policy which
the weakness of neighbors is very apt to suggest and pro-
mote;; and that, if Congress concur in the opinion, that a
Minister should succeed Mr. Adams, a resolution like the
following would perhaps be the most proper, viz :
Whereas, divers important affairs still remain to be
arranged and adjusted between his Britannic Majesty
and the United States, which on their part cannot be so
well conducted as by means of a Minister Plenipotentiary
at the court of London : Therefore,
Resolved, That a Minister Plenipotentiary to reside at
that court be appointed ; and that his commission take
effect on the 25th day of February, 1788, and continue
in force for the space of three years thereafter, unless
sooner revoked.
On motion,
Ordered, That the consideration of this part of the
report be postponed.
DILOM.VTIC CORRESPONDENCE. 315
FROM JOHN JAY TO JOHN ADAMS.
Office for Foreign Affairs, >
October 16, 1787. N
Dear Sir,
Since my last to you of the 3rd instant, I have not been
favored with any letters from you.
I have at length the pleasure of transmitting to -you,
herewith enclosed, an act of Congress complying with
your request to return, and expressing their sentiments
of, and their thanks for the important services you have
rendered your country. They have not yet come to any
decision respecting a Minister or a Charge d'Affaires at
London, nor directed me to convey to you any instruc-
tions relative to any matters within the department of
your legation.
You will also find herewith enclosed, a certified copy
of an act of Congress of the llth inst., for ratifying the
contract you made on the 1 st of June last, together with
the ratification in form .
One of your former letters mentioned the advances
made by Mr. Richard Harrison at Cadiz to Capt. Erwing
and his crew. I now enclose a certified copy of an act
of Congress of the 12th instant, directing the Board of
Treasury to reimburse Mr. Harrison.
A set of the printed journals of Congress, from the
10th May to the 25th September last, together with a
succession of newspapers from the date of my last letter,
to this day, will also accompany this.
I am not without fears that one or perhaps more of
your letters have miscarried; for none which have hitherto
come to hand make any mention of Col. Smith's arrival
316 JOHN ADAMS— JOHN JAY.
and reception in Portugal. Perhaps you may have had
reasons to postpone writing on those subjects for the pre-
sent ; and I mention it only, that you may know in case
you have written, that your letters have not come to
hand.
The public mind is much occupied by the plan of Fe-
deral Government recommended by the late Convention.
Many expect much good from its institution, and others
will oppose its adoption. The majority seems at present
to be in its favor. For my part, I think it much better
than the one we have, and therefore, that we shall be
gainers by the exchange, especially as there i? reason to
hope that experience and the good sense of the people
will correct what may prove to be inexpedient in it. A
compact like this, which is the result of accommodation
and compromise, cannot be supposed to be perfectly con-
sonant to the wishes and opinions of any of the parties.
It corresponds a good deal with your favorite, and I think
just principles of government, whereas the present con-
federation seems to have been formed without the least
attention to them. Congress have thought it best to
pass a requisition for the expenses of the ensuing year;
but like most of their former ones, it will produce but
little.
As Mr. Jefferson's present commission will soon ex-
pire, Congress have directed another to be prepared for
him. What further arrangements they may thing pro-
per to make relative to their foreign affairs is as yet un-
determined. I am inclined to think that until the fate
of the new government is decided, no very important
measures to meliorate our national affairs will be at-
tempted.
DIPLOMATIC CORRESPONDENCE. 317
It is much to be wished that our friends the Dutch may
be able to escape the evils of war, in a manner consistent
with their true interest and honor. I think it fortunate
that neither France nor Britain are ripe for hostilities. A
little republic surrounded with powerful monarchies has
much to apprehend, as well from their politics as their
arms. It gives me pleasure to reflect that we have no
such neighbors, and that if we will but think and act for
ourselves, and unite, we shall have nothing to fear.
I wish it may be convenient to you to return in some
vessel bound to this port, that I may have the pleasure
of taking you by the hand, and personally assuring you
of the sincere esteem and regard with which I am, &c.
JOHN JAY.
Extract from the Secret Journals of Congress, October
5, 1787.
The Secretary of the United States for the Depart-
ment of Foreign Affairs, to whom was referred two let-
ters from the honorable John Adams, of the 24th and
27th of January last, having reported as follows :
The first of these letters gives occasion to several
questions. 1. Shall Mr. Adams return after the expira-
tion of his commission to the court of London, viz: 24th
February, 1788? Your Secretary is persuaded that Mr.
Adams really wishes and means to return next spring, and
therefore thinks it would be proper for Congress to re-
solve, that the honorable John Adams, the Minister
Plenipotentiary of the United States at the court of
London, be permitted (agreeably to request) to return to
318 JOHN ADAMS— JOHN JAY.
America at any time after the 24th February, in the
year of our Lord, 1788, and that his commission of
Minister Plenipotentiary to their High Mightinesses do
also then determine.
And having also reported a resolution approving his
conduct, and giving him the thanks of Congress, both
resolutions were agreed to as follows :
Resolved, That the honorable John Adams, the Mi-
nister Plenipotentiary of the United States at the court
of London, be permitted, agreeably to his request, to
return to America at any time after the 24th day of
February, in the year of our Lord 1788, and that his
commission of Minister Plenipotentiary to their High
Mightinesses, do also then determine.
Resolved, That Congress entertain a high sense of
the services which Mr. Adams has rendered to the
United States in the execution of the various important
trusts which they have from time to time committed to
him ; and that the thanks of Congress be presented to
him for the patriotism, perseverance, integrity and dili-
gence with which he has ably and faithfully served his
country.
The Secretary having further reported —
The second question arising from this letter, is, whether
it will be . expedient for the United States to appoint
another Minister to take the place of Mr. Adams at the
court of London. On this head the Secretary is of opin-
ion that it will be expedient to appoint another, because
there do exist differences between the United States and
the court of London, which cannot too soon be adjusted,
which must become the subject of occasional explanations
and negotiations, and which on the part of the United
DIPLOMATIC CORRESPONDENCE. 319
States cannot be so well managed and conducted as by
means of an intelligent and discreet Minister on the spot.
Your Secretary's feelings strongly prompt him to retaliate
the neglect of Britain in not sending a Minister here ; but
as he conceives that such retaliation would eventually
produce more inconveniences than advantages, he thinks
it had better be omitted, especially as he is persuaded
that this neglect will cease the moment that the Ameri-
can government and the administration of it, shall be
such as to impress other nations with a degree of
respect which various circumstances deny to Congress
the means of imposing at present. He thinks it should
be the policy of the United States at present to keep
all things as smooth and easy, and to expose themselves
to as few embarrassments as possible, until their affairs
shall be in such a posture as to justify and support a
more nervous style of conduct and language. Britain
disputes the eastern boundary of the United States ; she
holds important posts and territories on the frontiers ;
and she complains that . the treaty of peace has been
violated by America. These affairs are important, and
the management of them requires prudence and temper,
especially considering how little the actual state of our
national affairs tends to repress the influence either of
unfriendly dispositions and passions, or of that kind of
policy which the weakness of neighbors is very apt to
suggest and promote. If Congress should concur in the
opinion, that a Minister to succeed Mr. Adams should
be appointed, a resolution like the following woujd per-
haps be the most proper.
Whereas divers important affairs still remain to be
arranged and adjusted between his Britannic Majesty and
320 JOHN ADAMS— JOHN JAY.
the United States, which on their part cannot be so well
conducted as by means of a Minister Plenipotentiary at
the court of London, Therefore,
Resolved, That a Minister Plenipotentiary, to reside
at that court, be appointed, and that his commission take
effect on the 25th day of February, 1788, and continue
in force for the space of three years thereafter, unless
sooner revoked.
Your Secretary conceives it would be best that this
Minister should be appointed so early as that he might
have time to reach London by the first of February, in
order that he may have an opportunity of receiving infor-
mation from Mr. Adams respecting characters and affairs ;
and that the progress of the business of the legation may
not be stopped by the expiration of Mr. Adams' corn-
mission.
On the question,
Resolved, That this part of the report be postponed.
The Secretary having proceeded in his report —
But if Congress should either not incline to appoint
another Minister, or should think proper to postpone it
so long as that he will not probably be in London in
February, then he thinks it would be right to consider
another question arising from the letter, viz: Whether
it would be expedient to constitute Colonel Smith Charge
d' Affaires? On this head your Secretary finds himself
embarrassed. For on the one hand, he esteems Colonel
Smith as a gentleman of acknowledged merit, who
has uniformly deserved well of his country ; and on
the other, the light in which the duties of his office
have hitherto been viewed, gives the color of propriety
only to his reporting on the expediency of appointments,
DIPLO MATIC CORRESPONDENCE. 321
and not on the persons most proper to be appointed.
And as the letter referred to him, and now under con-
sideration, does nevertheless raise the question relative
to the person as well as the place, he thinks it proper
to make these remarks, lest if not adverted to, his
omitting to report on the former as well as the latter,
might be ascribed to other than the true reasons. He
thinks, that if when Mr. Adams quits the affairs of the
legation, they are not to pass immediately into the hands
of a successor, there can be little doubt of the expe-
diency of appointing a proper person to take charge of
them. In that case, therefore, it would, in his opinion,
be proper to resolve, that a person be appointed to take
charge of the affairs of the American legation at the
court of London from the expiration of the commission
of the present Minister to the arrival there of another
Minister to succeed him, or until the further order of
Congress.
On this part of the report a question was taken to
agree thereto, and was lost.
FROM JOHN JAY TO JOHN ADAMS.
Office for Foreign Affairs, ?
3d November, 1787. 5
Dear Sir,
I had the honor of writing to you on the 16th day of
last month, and have now that of transmitting to you,
herewith enclosed, a duplicate of the ratification of your
late contract, together with a copy of two acts of Con-
gress, viz: One of the 18th day of July, authorizing Mr.
VOL. v.— 41
322 JOHN ADAMS— JOHN JAY.
Jefferson to redeem our captives at Algiers, and the
other of the 1 2th day of October, appropriating the resi-
due of the eighty thousand dollars,- formerly destined for
treaties with the Barbary Powers, as a fund for such
redemption.
The newspapers, subsequent to the date of my last,
will accompany this.
With great and sincere esteem, &c.
JOHN JAY.
Extract from the Journals of Congress, October 11,
1787.
The ratification of the above contract by the United
States, in Congress assembled, is in the words following :
Be it remembered, that .the within contract or en-
gagement, entered into by the honorable John Adams,
Minister Plenipotentiary of the United States of America,
to their High Mightinesses, the Lords the States General
of the United Netherlands, in behalf of the said States,
with sundry money lenders, for a loan of one million of
guilders, Dutch current money, dated at Amsterdam, the
1st day of June, 1787 ; hath been read in Congress,
approved and ratified, and declared obligatory on the
United States of America.
Done in the city hall, in the city of New York, by
the United States, in Congress assembled, this llth day
of October, in the year of our Lord, 1787, and in the
twelfth year of our sovereignty and independence.
DIPLOMATIC CORRESPONDENCE. 333
Extract from the Secret Journals of Congress, October
12, 1787.
On a report of the Board of Treasury, in consequence
of an act of 18th July,
Resolved, That the balance of the appropriation for
the Barbary treaties, of the 14th February, 1785, not
hitherto applied to that object, be, and it is hereby con-
stituted a fund for redeeming the American captives now
at Algiers ; and that the same be for this purpose subject
to the direction of the Minister of the United States at
th'e court of Versailles.
That the acts of Congress of the 14th February, 1785,
and such part of the resolves of the 18th July, 1787, as
direct provision to be made for the above object be and
they are hereby repealed.
FROM JOHN ADAMS TO JOHN JAY.
Grosvenor Square, London, Septembei* 10, 1787.
Dear Sir,
Enclosed is a letter from the Portuguese Minister to
me, of the 7th of September, and my answer of this day,
the 10th.
This is so pointed a proposition, that Congress will
undoubtedly send an answer either in the affirmative or
negative. The regard of sovereigns to one another ren-
ders this indispensable ; and I am not able to see how a
compliance with so civil a request can well be avoided.
Congress may agree to the proposition, and her Majesty
will appoint her Minister, and whether the ^American
324 JOHN ADAMS— JOHN JAY.
Minister is soon appointed or not, the forms and decen-
cies will be preserved. If it were only on account of
the Algerines to watch their motions, and concert mea-
sures against them, I should think it prudent for the
United States to have a Minister at Lisbon.
Col. Smith will write you an account of his journey and
voyage, and of the termination of his commission, accord-
ing to his wishes, and to his satisfaction. Congress, I
hope too, will be satisfied. But if a regular minister had
been sent upon this service, and ordered to return as soon
as he had accomplished it, her Majesty would probably
have sent a minister to New York without further delay.
I ought not to conclude without observing that these
missions, by deputation, are unknown to courts and minis-
ters, and to the law of nations, and if a legal question
should ever be made concerning them, the United States
will infallibly be dishonored by a formal decision against
them. In Mr. Barclay's case, had the decision of the
parliament of Bordeaux been appealed to from court, it
must have been reversed. The character of ambassadors
is sacred, and their prerogatives very high, both by the
law of nations and the ceremonials of all courts and sove-
reigns, and there is great reason to fear that the citizens
of America will have cause for severe repentance if they
make too light of it. Indulgences, founded on the suppo-
sition of our inexperience, or, to use a more intelligible
word, our ignorance, cannot be expected to continue long.
Colonel Smith met with a condescension that astonished
all the foreign ministers, and Mr. Barclay, with a good for-
tune, of which it is very dangerous to try another experi-
ment.
With great regard, &c.
JOHN ADAMS.
DIPLOMATIC CORRESPONDENCE. 335
[Translation.]
FROM THE CHEV. DEL PINTO TO JOHN ADAMS.
London, September 7, 1787.
Sir,
I have received orders from my Court to inform you
that notwithstanding no answer has hitherto been made
to the project of a Commercial Treaty, which we confer-
red about in London, nevertheless, Sir, the inclinations of
her most faithful Majesty are not less ardent, nor less dis-
posed to conclude this same treaty with the United States
of America, on suitable terms and conditions. And I
am, moreover, directed to add, Sir, that my Court will
not delay to give you the most convincing and immediate
proofs thereof.
I am desired, at the same time, to observe to you, that
it would be very useful and suitable to appoint ministers
as soon as possible on the part of the two powers, and my
Court expressly orders me to endeavor to arrange this
important point with you, Sir, and to agree definitively
on the character these ministers are to bear in their mis-
sions. It is essential to inform, on this head, that it will
be necessary to fix (at least) on the title of resident minis-
ter, on account of reception at the Court of Lisbon, which
is never granted either to simple Agents or to Consuls
General; and as soon as this point shall be fixed, I have
orders to assure you, Sir, that the Court of Lisbon will
lose no time to appoint and send to America the person,
that shall be chosen to reside with the Congress of the
United States.
I have the honor of being, &c.
LE CHEV. DEL PINTO.
326 JOHN ADAMS-JOHN JAY.
FROM JOHN ADAMS TO THE PORTUGUESE MINISTER.
Grosvenor Square, September 10, 1787.
Sir,
I have received the letter which you did me the honor
to write me on the 7th of this month, and have observed,
with great satisfaction, the assurances of her most faithful
Majesty's desire to conclude with the United States of
America, a treaty of commerce upon convenient condi-
tions.
I am very well convinced, Sir, of the utility and conve-
nience which would be found in the nomination of minis-
ters between the two powers ; and if it depended upon me,
I natter myself there would be no difficulty in concerting
with your Excellency, both that important point, and the
character those ministers should bear in their missions.
But as I have neither instructions nor authority from my
sovereign to justify me in entering into such negotiations,
I can only transmit to Congress copies of your Excellen-
cy's letter, and of my answer. This I shall have the
honor to do the first opportunity. The earnest desire of
the citizens of the United States of America to shew their
respect for her most faithful Majesty, to live in perfect
friendship with all her Majesty's dominions, will undoubt-
edly induce Congress to transmit as soon as possible, their
answer to her Majesty's friendly proposition.
I have the honor to be, &tc.
JOHN ADAMS.
DIPLOMATIC CORRESPONDENCE. 337
* FROM JOHN ADAMS TO JOHN JAY.
Grosvenor Square, London, September 22, 1787.
Dear Sir,
Yesterday I was honored with yours of the 31st of
July, and the instructions of Congress, and other papers
enumerated in it. This packet comes at a very fortunate
moment, and although there is no act of the great States
of Virginia and South Carolina, in consequence of the
circular letter of Congress of the 13th of April, there are
proceedings of so many others as to furnish something solid
to say to this court. The injunctions of Congress shall
be obeyed, and there is some reason to believe that the
British ministry will listen at this time with attention.
This country is now in a critical situation. The courts
of London and Berlin, have been advised by their minis-
ters at the Hague, to hold their heads very high, and
speak in a high tone in favor of the Prince and Princess
of Orange, in order to encourage their friends and intimi-
date the opposition to them, in full confidence that the
internal state of politics and finances in France, will not
permit the court of Versailles to interfere. In this san-
guine expectation they may possibly be disappointed, and
by their precipitate proceedings, find themselves involved
in a war they never intended. The probability, if not
certainty of a war, between the three empires, and the
romantic quarrel to revenge an irreverence to a Princess,
as silly a tale as the Trojan war on account of Helen, has
opened so serious a prospect to this nation, that there is
room to hope that the ministry will be more attentive and
more equitable towards America. The French court are
sending out the Count de Moustier, as Minister to Con-
328 JOHN ADAMS— JOHN JAY.
gress. You will have no difficulty to believe that this
movement has been dictated by wisdom and prudent fore-
sight. If the British cabinet have equal circumspection,
they will see the same necessity; but no dependence can
be placed upon the judgment of the present cabinet.
The United States of America will take the coolest pre-
cautions, while they fulfil their engagements with honor,
to maintain their neutrality inviolate. If a general and
lasting war in Europe should ensue, and America preserve
her peace, she will be, at the close of it, the first country
in the world, in point of affluence and prosperity, if not
in real power. In case of a war, my situation here will
be extremely delicate, the United States and their Minis-
ters stand in certain relations to France and Holland,
from whence result duties, which must in all events be
fulfilled. There are other duties towards England, to
reconcile these among all the jarring interests and in-
flamed passions in a state of war, will be somewhat
difficult, but I flatter myself it may be done for the few
months that remain before the expiration of my com-
mission.
With the truest esteem, &c.
JOHN ADAMS.
FROM JOHN ADAMS TO JOHN JAY.
London, September 22, 1787.
Dear Sir,
There was yesterday in the river, an impress of sea-
men, and several American vessels had their men taken
from them. An application was made to me this morn-
DIPLOMATIC CORRESPONDENCE. 339
ing, by a master of a ship from New York, and I instant-
ly wrote the enclosed letter to Lord Carmarthen, and
went in person to White Hall to deliver it. His Lord-
ship read the letter, and the representation to me from
the Captain, and, after some conversation on the subject,
assured me that he would take measures to have the
men restored, and precautions against such mistakes in
future. This opportunity was a favorable one for some
communication of sentiments upon the present posture of
affairs, and his Lordship was invited to talk upon the sub-
ject by several questions, which were proposed to him.
His Lordship's answers were civil enough. " He hoped
there would not be war ; he should be very sorry for a
war, &c. &c." But nothing was to be learned from him,
if he knew any thing; one fact indeed, his Lordship as-
sured me of, viz : that war is in truth declared by the
Porte against Russia; that the Count De Montmorin had
sent him an extract of a despatch of Monsieur de Chois-
seul, the French Ambassador at Constantinople, containing
an account of it ; and that the French Ministry had done
him the justice to believe that the English Ambassador
and Ministry had done nothing to excite this declaration.
His Lordship's last despatches from Constantinople as-
sured him of every appearance of peace; so that the de-
claration must have been some sudden emotion of the
Mufti or Janissaries, &c. It is easy to believe that the
English did not excite the Turks to declare, for that step
excuses France from any obligation to aid the Porte.
The present conjuncture appears the most critical and
important in Europe, of any that has ever happened in
our times. Mankind seems impatient under the yoke of
servitude that has been imposed upon them, and disposed
VOL v.— -42
330 JOHN ADAMS— JOHN JAY.
to compel their Governors to make the burthen lighter.
But the wars that now threaten, have no tendency that
way, or but a remote one; and what dependance can be
placed upon the common people in any part of Europe.
Upon my return home another American master of a
vessel from Alexandria, in Virginia, came with his com-
plaint, that the press gang had taken all his men. I will
demand every man, as fast as I shall be informed of his
being pressed ; but I am much afraid of pretences, ex-
cuses, &c. &c. I expect to hear that one sailor is Irish,
another Scotch, and a third English. All in my power,
however, shall be done, and you shall be informed of the
result.
With great respect, he.
JOHN ADAMS.
FROM JOHN ADAMS TO LORD CARMARTHEN.
Grosvenor Square, September 22, 1787.
My Lord,
I do myself the honor to enclose to your Lordship a
letter this moment received from the master of a vessel
belonging to the United States of America. His name
is John Douglass, Commander of the ship Four Friends,
American built, and the property of Andrew Van Tuyl,
merchant of New York. He informs me, that as two
of his people were going on shore for provisions for the
day, they were seized by the press gang, and forced on
board his Majesty's Brig, Dispatch, then lying at Execu-
tion dock, that the gang then came on board his vessel
and attempted to open his hatches, when his chief mate
DIPLOMATIC CORRESPONDENCE. 331
opposed them, and informed the officers that they were
American citizens. That although the officers of the
press gang then went away, there is reason to believe that
another disagreeable visit will be made before morning,
\vhich will distress him exceedingly as his ship is com-
pleted for sea and bound for New York.
The names of the two men pressed, are Joseph Cow-
ley, a native of the city of New York, the other is a
negro man, called Primus, the property of Mr. Andrew
Van Tuyl, merchant of New York, but a native of
the city.
It is my duty, my Lord, to make this representation to
his Majesty's Ministers, and to request that orders may
be given for the restoration of these men to the master
of their vessel, and further propose to your Lordship's
consideration, whether it be not expedient that some
general order should be given upon this occasion to the
officers of his Majesty's navy, to give a particular atten-
tion to American vessels and seamen, lest perplexities
and inconveniences of this kind should be multiplied.
With great respect, &tc.
JOHN ADAMS.
FROM JOHN ADAMS TO JOHN JAY.
London, September 23, 1787.
Dear Sir,
The accounts from Holland and France are very dis-
couraging, so much so that it would be imprudent to
enter into a detail of evils that are inevitable. The
republic of Holland is in the utmost danger of being
332 JOHN ADAMS -JOHN JAY.
extinct, and if the old forms are hereafter preserved, the
Prince will be so much master in reality, that the friends
of liberty must be very unhappy, and live in continual
disgrace and danger. The English are arming with all
the affectation of spirit and firmness, and France neither
moves nor negotiates with the least appearance of forti-
tude or understanding ; to do the former justice, they
have had the prudence to send both to Versailles arid the
Hague, men of sense and business. England will rise in
consideration and power, and France will fall in the eyes
of all Europe ; this will make the former overbearing,
and her people insolent, and France will soon, in my
poor opinion at least, be obliged to go to war, or sink
very low. The United States of America, instead of
being more courted by the English, as they would pro-
bably be in case of a war, will rather be more neglected,
perhaps treated cavalierly. It is easy to see, however,
that the peace cannot continue long between the two
European nations ; the philosophical visions of perpetual
peace, and the religious reveries of a near approach of
the millennium, in which all nations are to turn the
weapons of war into implements of husbandry, will, in a
few years, be dissipated. The armaments now making
in England will disarrange Mr. Pitt's boasted plans of
economy ; and in short, there is every appearance that
the peace of Europe will be for years but an armed
truce. The surplus of revenue so ostentatiously displayed
to the public, is but an artful deception. Oh fortunate
Americans, if you did but know your own felicity ! in-
stead of trampling on the laws, the rights, the generous
plans of power delivered down from your remote fore-
fathers, you should cherish and fortify those noble insti-
DIPLOMATIC CORRESPONDENCE. 333
tutions with filial and religious reverence. Instead of
envying the rights of others, every American citizen has
cause to rejoice in his own. Instead of violating the
security of property, it should be considered as sacred as
the commandment, " thou shall not steal." Instead of
trampling on private honor and public justice, every one
who attempts it should be considered as an impious
parricide, who seeks to destroy his own liberty and that
of his neighbors. What would have become of American *
liberty, if there had not been more faith, honor and
justice in the minds of their common citizens, than are
found in the common people in Europe ? Do we see in
the Austrian Netherlands, in the United Netherlands, or
even in the parliaments in France, that confidence in one
another, and in the common people, which enabled the
people of the United States to go through a revolution ?
Where is the difference ? It is a want of honesty; and
if the common people in America lose their integrity,
they will soon set up tyrants of their own, or court a
foreign one ; laws alone, and those political institutions
which are the guardians of them, and a sacred adminis-
tration of justice, can preserve honor, virtue and integrity,
in the minds of the people.
With great respect, &c.
JOHN ADAMS.
FROM JOHN ADAMS TO JOHN JAY.
Grosvenor Square, London, October 9, 1787.
Dear Sir,
France appears at this moment in the light of a simple
people seriously disposed to peace, benevolence and hu-
334 JOHN ADAMS— JOHN JAY.
manity, and adjudging of the dispositions of others by her
own, she seems by her late glory and prosperity to have
been soothed into a security and tranquillity, out of which
it is scarce possible to awaken her. England, on the
other hand, appears like a nation smarting under her
wounds, but covering her designs with a veil of deep
dissimulation while she was exerting her utmost craft to
obtain an opportunity of gratifying her resentment. We
need not look farther for the cause of the present strange
appearances than the diplomatic arrangements of the two
nations. Never was there a time, when able and atten-
tive men were so necessary for France at the Courts of
London and the Hague, as at the late peace. The
Comte de Vergennes should have sent to both places,
men of the most enlarged capacities and diligent atten-
tion to the whole system of Europe. The Marquis de
Verac, is as honest a man, and as well intended, as he
could have found; but I believe every man who knows
him will agree with me, that a gentleman more unquali-
fied for his mission could not have been found. The
Comte de Adhemar has an elegant figure, handsome face,
and is a favorite of the ladies; but whether from his
unfortunate paralytic stroke, or from his having no turn
for the business of State, he appears to have been inat-
tentive, not only to the affairs of Europe in general, but
to those of England and Holland. The Spanish Min-
ister has been extremely attentive to make his court to
the royal family and the Minister here, and has been so
successful as to obtain the King's request, that he might
be promoted to the rank of a Marquis at home, and to
that of Ambassador here; but to speak freely to you as I
ought, he does not appear to me to know, or care much
DIPLOMATIC CORRESPONDENCE. 335
about the system of Europe. The French Charge too,
who is an ingenious man, and well behaved, has had the
good fortune to recommend himself to this court so as to
be promoted to the rank of Minister Plenipotentiary, at
their instance. 1 have ever been upon good terms with all
these gentlemen and have no personal dislike to any of
them, but I cannot but see and lament the causes, which
appear to have contributed to a catastrophe, so outrageous
to the rights of mankind, and so humiliating to the best
friends we have or ever had in France, Holland and
Spain. I must confess that favoritism at the court where
he resides, in an Ambassador of any denomination, is,
in my opinion, a fatal objection against him, because I
know it to be impossible to be obtained without the most
criminal simulation, on one hand, or negligence, or some-
thing worse, of the interests of his constituents on the
other. There is a great difference between being esteem-
ed, and beloved, between being upon decent, civil and
respectable terms, and being taken into the arms and
embraced. Whenever and wherever this is seen in
negotiations, something may justly be suspected to be
amiss. Unfortunately too, Monsieur de St. Priest, who
has been long in Constantinople, and had a great re-
putation for ability and success, in former negotiations,
was recalled at a most critical time. England, on the
contrary, appears to have been meditating a blow even
when the nation were generally expecting the commence-
ment of the millennium from the operation of the com-
mercial treaty. She has sent her shrewdest men to Ver-
sailles and the Hague. She appears to have been intri-
guing at Constantinople as well as in South America.
She has been forming a league in Germany, and main-
336 JOHN ADAMS-JOHN JAY.
tabling her navy on a formidable footing. France may
be as indifferent as she will about Holland, but that will
not secure her peace. The English cannot see without
inward rage and fury, 1 might say, without terror and dis-
may, the works at Cherbourg ; and let Holland's fate be
what it will, let the Turks be disposed of as you please, in
my opinion France must demolish Cherbourg, and Spain
set South America at liberty, or there will be war. The
passions of this nation are at present in a flame ; I hear
such a language even in the streets, and in book-seller's
shops, the only scenes of popular politics into which I
think it prudent to venture, that I am confident a war is
not far off. The rage of this nation amazes me ; with a
gulph and a precipice of public ruin before their eyes, they
are ready to take the leap with joy. The most interest-
ing question for us is, whether we shall be neutral ? This
is undoubtedly our wisdom, and Congress and the states
will take the most decided measures to prevent our peo-
ple from giving any provocation. They will no doubt
forbid, in the most effectual manner, any of their citizens
from serving on board the ships of either nation, much
less from taking commissions, and committing depreda-
tions. But will all this preserve our neutrality? It is
my duty to be explicit upon this occasion, and to say,
-that although the British government may pretend, and
•even sincerely endeavor to avoid a quarrel with the
United States, at the commencement of the war, yet if
they should obtain any signal successes at first, which it is
not improbable they may, there will arise such a spirit of
domination and insolence in the nation, as will stimulate
hostilities against us. It is my duty, therefore, to advise
that the best preparations for our own defence and secu-
rity be made that are in our power.
DIPLOMATIC CORRESPONDENCE. 337
The detail of affairs in Holland is too dismal to be re-
peated. The newspapers contain accounts melancholy
enough. The plebeians and the monarch are too closely
connected in Holland to be overcome by the patrician
aristocracy, and no rational plan of a reformation of their
government has been concerted by the people or their
leaders.
It is a repetition of the catastrophe of all ill constituted
republics, and is a living warning to our United States.
With great regard, &c.
JOHN ADAMS.
FROM JOHN ADAMS TO JOHN JAY.
London, October 25, 1787.
Dear Sir,
I do myself the honor to enclose copies of Mr. FagePs
letter to me of the 18th, and of my answer of this day,
and of my letter to Mr. Dumas, of this day.
I am sorry for his embarrassed situation, but know not
the cause of it, but by conjecture ; one thing I know,
that the United States may very easily be involved in a
war by indiscreet intimacies between their servants and
foreign powers and national parties. Congress have but
two ways to take upon this occasion, either to dismiss
Mr. Dumas, at the requisition of the States General, or
to write a letter, or order one to be wrote, desiring their
High Mightinesses to articulate the particulars of their
exceptions and displeasure against Dumas. This may
gain time, and save Mr. Dumas for so much time as will
arrange all things decidedly in Holland.
With great regard, &c.
JOHN ADAMS.
VOL.. v.— 43
338 JOHN ADAMS— JOHN JAY.
To their High Mightinesses, the Lords, the States
General of the United Provinces of the Low Countries.
[A MEMORIAL.]
High and mighty Lords,
The subscriber, Minister Plenipotentiary from the
United States of America, has the honor to acquaint
your High Mightinesses, that Congress, on the 24th day
of July last, resolved that Mr. Durnas be permitted to
occupy and reside in the house of the United States at
the Hague, until a Minister of the United States shall
arrive there, or until the further order of Congress, and
that Mr. Adams (the subscriber) do direct such repairs
to be made, at the expense of the United States, to the
said house as may be really necessary to render it tenant-
able. That the subscriber has accordingly directed
Messieurs Wilhelm &, Jan Willink, Nicholas &c Jacob
Van Staphorst, bankers of the United States at Amster-
dam, together with Mr. Dumas, to make the necessary
reparations of the house, according to the intentions and
order of Congress.
The subscriber, has, therefore, the honor to request
of your High Mightinesses all that friendly countenance
and assistance to Messrs. Dumas, Willinks, and Van
Staphorsts, which they may reasonably request, . and as
Congress, in similar cases, would be always cheerfully
willing to render to any persons in America employed in
services for your High Mightinesses.
Done this 1st day of October, 1787.
JOHN ADAMS.
DIPLOMATIC CORRESPONDENCE. 339
[Translation.]
Hague, October 18, 1787.
Sir,
I have had the honor of receiving, duly, your letter of
the 1st instant, in which you have sent a memorial to their
High Mightinesses, on the subject of Mr. Dumas' situa-
tion. This memorial not being in French, as is the cus-
tom, but in English, could not be taken into formal
deliberation; but, as it has, nevertheless, been communica-
ted to their High Mightinesses by me, I am authorized to
write you in answer: — that by a note, transmitted to me,
by said Dumas, dated the 28th of last month, and present-
ed by me to their High Mightinesses, the Lords Depu-
ties of the Provinces of Holland and West Friesland, they
have already been prayed to have an eye to the security
of his person ; that their High Mightinesses were unwilling
that the said Dumas should be more embarrassed than any
of their own inhabitants ; but that they cannot conceal
from you, sir, that the said Dumas little merits their pro-
tection, since he has conducted himself in a manner,
which, in many respects, is altogether improper. It is for
this reason, that, in the name of their High Mightinesses,
I request you, sir, (a thing which is also expected from
your discretion) that you will employ him no longer here,
but that you will appoint another person for Charge d'
Affaires here, during your absence.
I acquit myself of these orders, in having the honor to
be, &c. H. FAGEL.
340 JOHN ADAMS— JOHN JAY.
FROM JOHN ADAMS TO H. FAGEL.
London, October 25, 1787.
Sir,
I have received the letter you did me the honor to
write me on the 18th October, instant, and am extremely
sorry to learn, that the conduct of Mr. Dumas has not
the approbation of their High Mightinesses.
As Mr. Dumas has not, that I recollect, been employ-
ed in any business by me, since my residence in Eng-
land, and as he has neither given me any account of his
proceeding, nor transmitted his despatches to Congress
through my hands, I am ignorant of the particulars of
his conduct, which are not approved by their High
Mightinesses.
I have had so large experience of the friendship of
their High Mightinesses to the United States of America,
my sovereign, and of their candor and goodness towards
myself, that I should not hesitate to comply with what-
ever I should know to be their inclination in any thing
within my power, and consistent with my honor and my
duty ; but as all the authority by which Mr. Dumas acts
under the United States is derived directly from Congress
and not from me, and as he carries on his correspondence
with that august body, by means of their Ministers at
New York, and not with me, it is not in my power to do
more at this time, in compliance with the requisition of
their High Mightinesses, signified to me in your letter,
than to transmit a copy of it to Congress ; which shall be
done by the earliest opportunity.
With great regard, &tc.
JOHN ADAMS.
DIPLOMATIC CORRESPONDENCE. 341
FROM JOHN ADAMS TO MR. DUMAS.
London, October 25, 1787.
Sir,
I have received your letter of the 19th, and will trans-
mit the enclosed to Mr. Jay, but as you have for these
two years transmitted your despatches through other chan-
nels, it is most advisable you should continue the same
course.
Enclosed is a copy of a letter from Mr. Secretary
Fagel of the 18th of this month in answer to my memo-
rial written at your desire, and a copy of my answer of
this day. The times are extremely critical, and Ameri-
can Ministers ought to be extremely cautious, as you
know ever was my maxim and principle, and ought now
to be more so than ever, to keep American affairs per-
fectly distinct, and independent of those of all other
nations, lest our country should be involved in calamities
for causes that are not her own.
With much esteem, &,c.
JOHN ADAMS.
FROM JOHN ADAMS TO JOHN JAY.
Grosvenor Square, November 15, 1787.
Dear Sir,
The attack upon Mr. Dumas is but a part of that sys-
tem of intimidation that the present triumphant party in
Holland is pursuing, and if one were to conjecture, it
would be plausible to suppose that Sir James Harris was
the instigator of it.
The English court and nation, with all their a flee ted
342 JOHN ADAMS— JOHN JAY.
contempt and rude execrations of the Dutch, have at
bottom a very great opinion of the importance of that
power, in the balance between England and the House of
Bourbon. Hints have been several times thrown out in
the English papers of the partiality of the American min-
ister at the Hague, to France, and as Mr. Dumas was
supposed to be under my direction, his motions have been
imputed to me. Mr. Dumas has a pension from France,
reversible to his daughter. It would be better for Con-
gress to pay this pension, at the expense of the United
States, or to dismiss him from their service, paying him,
however, during his life, his annual allowance, than to have
a person in their service in the pay of two Powers, at once.
If an English Ambassador or Charge d' Affaires, or agent, at
the Hague, should receive from France a pension for op-
posing the interests of the United States, Congress would
have some cause to be uneasy. I am not at all surprized,
therefore, at the attack upon Mr. Dumas, yet, I should be
very sorry if it should prevail against him, and, therefore,
it is to be hoped that Congress will take time to delibe-
rate upon the subject. As there has been no formal de-
liberation of their High Mightinesses upon my memorial,
and as the correspondence has been hitherto only between
Mr. Fagel and me, although their High Mightinesses
have been acquainted with it, and have directed it on the
part of Mr. Fagel, yet, Congress are not obliged formally
to answer it. Sovereign to Sovereign, and minister to
minister, is the diplomatic maxim; Congress, therefore,
may take as long time as they please to deliberate, and it
is hoped they will take so much that the present pas-
sions may cool, and the present scene be shifted. After
another year, or six or nine months, circumstances may
be very different.
DIPLOMATIC CORRESPONDENCE. 343
If we were to judge by the tone of arrogance at present
in Holland, we should conclude that they would infallibly
blow up a war between England and France, and join the
former. But this, to me, at least is very doubtful.
Notwithstanding the complaint against Mr. Dumas, and
the recall of Mr. Van Berckel, if that should be agreed
to, you will not find any hostile disposition towards the
United States. If France remains quiet, as she ought at
present, for it is now too late for her to move, all nations
and parties will sit down satisfied with the restoration of
the Stadtholder, for some years, and there will be no
formal rupture with France or America. England has
blustered, and France has slept; but the former have at
heart no inclination for war. Fifty millions of debt added
to the present, would produce a tornado in this country,
the consequences of which cannot be computed. Eng-
land, Holland and Russia, will be very glad to remain as
they are, and France shows no disposition to disturb them.
As I take all the late transactions to have been merely
a system of intimidation, you will not hear of those rigo-
rous prosecutions and cruel punishments of the patriots
in Holland, which are held out in terror ; neutrality,
eternal neutrality, will still be the passion and politics
in the United Provinces, both of Stadtholderians and
patriots. There are no warlike characters among them,
and the present dominant party will be as anxious as
their adversaries, to avoid every provocation to a war,
either with France or England. William the V. is
neither the politician nor the warrior that William the III
was. An appearance of spirit, and even of arrogance,
has been assumed in the Netherlands, as well as in
England, merely to overawe, and upon the secret pre-
344 JOHN ADAMS— JOHN JAY.
sumption, that they should not be forced into a war in
earnest. This policy has succeeded so well, that I cannot
help suspecting there was better grounds for it, than the
world in general were acquainted with ; I know that the
patriots in Holland, some of them, at least, as long ago
as Mr. Rayneval made his curious journey into that
country, suspected that their ideas of liberty were not to
be supported, and accordingly thought very seriously of
emigrating to America ; I do not mean, however, by
this, the capital characters. Money is, however, so much
better understood, and more beloved than liberty, that
you will not hear of many emigrants. The friends of
France affect to speak slightly of Holland at present,
and of her weight in the scale ; this is necessary to
excuse their inattention and blunders on the late occasion;
but France never committed a greater error in policy
than she has done by her unskilful negotiations at Berlin,
the Hague, and London, since the peace. If Holland
should be forced into a renovation of her connexions with
England, America, in my opinion, will have reason to
regret it ; for 1 have not a doubt, that England, Holland
and Prussia would get the better in a war against the
house of Bourbon, and America will be obliged to join
the latter in self-defence; for, after having humbled
France, England would not scruple to attack the United
States. That our country may act with dignity in all
events, that she may not be obliged to join in any war,
without the clearest conviction of the justice of the cause,
and her own honor and real interest, it is indispensably
necessary that she should act the part in Holland, of
perfect independence and honest impartiality, between
the different courts and nations, who are now struggling
DIPLOMATIC CORRESPONDENCE. 345
for her friendship, and who are all at present our friends.
This has ever appeared to me so clear and obvious, that
I never could approve the conduct of M. Dumas or
Messieurs Van Staphorsts, in taking so decided parts in
favor of France and against the Stadtholder, although I
fully believe they followed the judgments of their under-
standings and the inclinations of their hearts, with integ-
rity and honor.
With great "respect, &c.
JOHN ADAMS.
FROM LORD CARMARTHEN ENCLOSING COPIES OF A DE-
CLARATION AND COUNTER DECLARATION.
Lord Carmarthen presents his compliments to Mr.
Adams, and has the honor to transmit to him, herewith,
printed copies of a declaration and counter declaration,
signed at Versailles the 27th inst. by his Excellency, the
Duke of Dorset, and Mr. Eden, on the part of his Majes-
ty, and by Count Montmorin on the part of his most
Christian Majesty, by which Lord Carmarthen has the
satisfaction to communicate to Mr. Adams the earliest
information of the determination of the two Courts to dis-
continue the armaments and warlike preparations on each
side.*
White Hall, 30th Oct. 1787.
* For the declaration and counter-declaration, see Vol. 3, p 327,
328.
VOL. v.— 44
346 JOHN ADAMS— JOHN JAY.
FROM JOHN ADAMS TO JOHN JAY.
Grosvenor Square, November 30, 1787.
Dear Sir,
I do myself the honor to enclose the King's speech at
the opening of Parliament, as it has been transmitted to
me from the Marquis of Carmarthen ; and the Morning
Chronicle of the 28th which contains, not the debates,
for there were none, but the panegyrics upon it.
I have long seen, sir, in silent astonishment and grief,
the negligent, and imprudent conduct of a deceased
French Minister of Foreign Affairs, in his negotiations
and intercourse in Holland, the despicable history of a
Maillebois, the unmeaning or illmeaning intrigues of
Rayneval, the Rhingrave, not to mention others equally
disgusting at Paris, with a Minister whom you know.
When I first knew or suspected that the Dutch patriots
and their confidential agents had surrendered themselves
to female intrigues, I had a thousand apprehensions, that
they would finally meet with that ruin which you perfect-
ly well know would have been the devoted fate of the
United States if they had submitted to Mr. Deane's
system of de Maillebois' and de Coudray's, ten years ago.
Let me entreat gentlemen to compare what remains upon
the records or files of Congress at that period, with what
happened before and at the peace, with what has taken
place in Holland, and thank heaven for their providential
escapes.
There are many worthy characters, now exiles from
Holland and refugees in Germany, the Austrian Nether-
lands and France, for whom I have many years enter-
tained an esteem and affection, whose melancholy situation
DIPLOMATIC CORRESPONDENCE. 347
is truly deplorable. These, however, have ever appeared
to me to be too inattentive to the sense of the common
people in their own country, too little acquainted with
the nature of Government, and too confidently dependent
on the support of France.
The orations in Parliament upon the speech enclosed,
are however, more extraordinary than any thing that has
occurred.
The interposition of Prussia in the affairs of Holland
cannot be justified upon the principles of the law of
Nations ; and, if truth and justice are not lost out of the
world, will be marked by the impartial, both in the pre-
sent and future ages with severe censure. But the
speeches of Mr. Fox and Mr. Pitt appear to me to have
set every tie that can bind mankind, every principle
which ought to be held sacred, at open defiance. It is
openly avowed by both, that a treaty of alliance is in
agitation between England and Holland at this moment,
when a treaty recently made between France and Hol-
land is in full force, and when there is no pretence of a
violation of it. Is not this a most outrageous insult, in
the face of the whole world, for the debates in Parlia-
ment are known to be published all over Europe, upon
the law of nations, upon the faith of treaties, and
national honor? Is it the intention of the speech,
and of the addresses which will echo it back to the
throne, to force the house of Bourbon into a war? To me
it seems manifest. If France should bear it patiently,
what are we to think ? The fermentation in that king-
dom, occasioned by the ruin brought upon it by that
administration, of whose merits you have long since
formed an accurate judgment, and by the exertions
348 JOHN ADAMS— JOHN JA\.
to obtain provincial and national assemblies, threatens
much confusion. It is not possible to foresee what the
effect will be. I own myself afraid that the patriots in
France will prove as unskilful and unsuccessful assertors
of a free government, as those in Holland have been. A
tedious relaxation, if not the most serious divisions are to
be apprehended; if, however, the House of Bourbon is
unable to assert her dignity upon this occasion, I am
clearly convinced that the pride and arrogance of England
will rise so high, as to demand the demolition of Cher-
bourg, and attempt to sever South America from Spain ;
nor will this be all; she will demand the annihilation of
several articles, at least of the treaties between France and
the United States of America. Nor will they stop here.
If they can bind Holland in their shackles,- and France,
by her internal distractions, is unable to interfere, she
will make war immediately against us. They are at pre-
sent both at court, and in the nation at large much more
respectful to me, and much more tender of the United
States, than they ever have been before; but depend
upon it this will not last ; they will aim at recovering back
the western lands, at taking away our fisheries, and at the
total ruin of our navigation at least.
The United States of America, therefore, had never
more reason to be upon their guard to complete their
constitution of government ; to unite as one man, to meet
with courage and constancy the severe trials, which in
all probability, they will be called to undergo in a very
few years.
There is some room, however to hope, that Mr. Pitt
and Mr. Fox are outrunning the dutchmen in their dis-
position for an alliance. The friendship of France ap-
DIPLOMATIC CORRESPONDENCE. 349
pears to me to be so necessary to the King of Prussia,
that I cannot yet believe that he will advise the Stadt-
holder to follow the English party so implicitly. The
state of Europe at large is so confused, that there is not
one politician in the world, that I can hear of, who pre-
tends to foresee what turn affairs may take.
With great respect, &c.
JOHN ADAMS.
THE KING OF ENGLAND S SPEECH.
My Lords and Gentlemen,
At the close of the last session I informed you of the
concern with which I observed the disputes, unhappily
subsisting in the republic of the United Provinces.
Their situation soon afterwards became more critical
and alarming, and the danger which threatened their
constitution and independence seemed likely, in its con
sequences, to affect the security and interest of my do
minions.
No endeavors on my part were wanting to contribute,
by my good offices, to the restoration of tranquillity, and
the maintenance of the lawful government ; and I also
thought it necessary to explain my intention of counter-
acting all forcible interference on the part of France, in
the internal affairs of the republic ; under these circum-
stances, the King of Prussia having taken measures to
enforce his demand of satisfaction for the insult offered
to the Princess of Orange, the party which had usurped
the government of Holland, applied to the most Chris-
tian King for assistance, who notified to me his intention
350 JOHN ADAMS— JOHN JAY.
of granting their request. In conformity to the princi-
ples which I had before explained, I did not hesitate, on
receiving this notification, to declare that I could not
remain a quiet spectator' of the armed interference of
France, and I gave immediate orders for augmenting my
forces both by sea and land.
In the course of these transactions I also thought
proper to conclude a treaty with the Landgrave of Hesse
Cassel, by which I secured the assistance of a considera-
ble body of troops, in case my service should require it.
In the meantime, the rapid success of the Prussian
troops, under the conduct of the Duke of Brunswick,
while it was the means of obtaining the reparation de-
manded by the King of Prussia, enabled the provinces to
deliver themselves from the oppression under which they
labored, and to re-establish their lawful government.
All subjects of contest being thus removed, an amica-
ble explanation took place between me and the most
Christian King, and declarations have been exchanged
by our respective Ministers, by which we have agreed
mutually to disarm, and to place our naval establishments
on the same footing as in the beginning of the present year.
It gives me the greatest satisfaction that the important
events which I have communicated to you, have taken
place without disturbing my subjects in the enjoyment
of the blessings of peace, and I have great pleasure in
acquainting you that I continue to receive from all foreign
powers the fullest assurances of their pacific and friendly
disposition towards this country ; I must, at the same
time regret, that the tranquillity of one part of Europe is
unhappily interrupted by the war, which has broken out
between Russia and the Porte.
DIPLOMATIC CORRESPONDENCE. 351
A convention has been agreed upon between me and
the most Christian King, explanatory of the thirteenth
article of the last treaty of peace, and calculated to
prevent jealousies and disputes between our respective
subjects in the East Indies. I have ordered copies of
the several treaties to which I have referred, and of the
declaration and counter declaration, exchanged at Ver-
sailles, to be laid before you.
Gentlemen of the House of Commons,
I have ordered the estimates for the ensuing year to be
laid before you, together with an account of the extraor-
dinary expenses which the situation of affairs rendered
necessary.
I have the fullest reliance on your zeal and public
spirit that you will make due provision for the several
branches of the public service. I am always desirous of
confining those expenses within the narrowest limits which
a prudent regard to the public safety will permit ; but I
must at the same time recommend to your particular at-
tention to consider of the proper means for maintaining
my distant possessions in an adequate posture of defence.
My Lords and Gentlemen,
The flourishing state of the commerce and revenues of
this country, cannot fail to encourage you in the pursuit
of such measures as may confirm and improve so favora-
ble a situation.
These circumstances must also render you peculiarly
anxious for the continuance of public tranquillity, which
it is my constant object to preserve. I am at the same
time persuaded you will agree with me in thinking, that
nothing can more effectually tend to secure so invaluable
a blessing, than the zeal and unanimity which were
JOHN ADAMS— JOHN JAY.
shewn by all ranks of my subjects on the late occasion,
and which manifested their readiness to exert themselves
whenever the honor of my crown, or the interest of my
dominions may require it.
FROM JOHN ADAMS TO JOHN JAY.
Grosvenor Square, December 11, 1787.
Dear Sir.
I have been desired by Patrick Miller, Esquire, of
Dalswinton, to transmit to Congress the enclosed paper
of experiments in navigation. It is the sequel of his
treatise on naval architecture, which I had the honor to
transmit to Congress last spring. '
I have the honor to be &c.
JOHN ADAMS.
Experiments in navigation by PatricJc Miller, Esq. 2nd
June, 1787.
An account of experiments made by Mr. Miller in the
Frith of Forth, the 2nd of June, 1787, in a double ves-
sel 60 feet long, and 14£ feet broad, put in motion by his
water wheel, wrought by a capstan of five bars, each bar
five feet long; on the lower part of the capstan was fixed
a wheel, with teeth pointing upwards, to work in a trundle
fixed on the axis of the water wheel. The diameter of
of this wheel is equal to three and a half diameters of the
trundle, so that one revolution of the capstan produces
three and a half revolutions of the water wheel.
DIPLOMATIC CORRESPONDENCE. 353
The vessel is three masted, and sails uncommonly fast
when there is a smart breeze, and the wheel is raised
above the surface of the water.
After making sundry tacks in the Frith, with all the
sails set, the wind fell to a gentle breeze, when all the
sails were taken in, and the following experiments made :
The vessel being put in motion by the water wheel,
wrought by five men at the capstan, was steered so as to
keep the wind right a head, and her rate of going was
found by the log to be three and a half miles in the hour.
After this the wind was brought on the beam, (that si-
tuation being considered as the nearest to trying the
effect of the wheel in a calm) when five men at the
capstan, made the vessel go at the rate of four miles an
hour.
With the wind brought on the quarter, five men caused
her to go at the rate of four and a half miles an hour;
four men at the rate of four miles an hour.
Three men, something more than three miles in the
hour.
Two men, at the rate of two and a half miles in the
hour.
One man, at the rate of one mile and three quarters of
a mile, in the hour.
It is proper to remark, that a vessel of the same length
with that in which the experiments were made, if in real
service, should be furnished with two, if not three water
wheels, and the same number of capstans.
These experiments, and others, made in a double ves-
sel, thirty five feet long, with five wheels, wrought by
cranks, have enabled Mr. Miller to ascertain sundry mat-
ters of great importance, about which he entertained
VOL. v.— 45
354 JOHN ADAMS— JOHN JAY.
doubts when he wrote the treatise on naval architecture,
to be presented to the Congress of the United States of
America.
One of these related to the power most proper to work
the water wheel. He is now satisfied that the capstan
possesses the power best suited to that purpose. The
mechanism of the movement is simple, and by extending
the bars one or two feet, the diameter of the wheel on the
capstan may be enlarged, and thereby the revolutions of
the water wheel will be increased, which must accelerate
the motion of the ship.
He is equally well satisfied as to the distance at which
the different vessels should be placed from each other.
He does not hesitate to say, that in a triple ship, of the
length and breadth of our first rates, the vessels should
not be placed at more than six feet from each other. A
ship of twice the length, and about twice the breadth of
our first rates, should be quintuple, and the vessels placed
at the distance of five and a half feet from each other.
From the great number of wheels which can be wrought
with capstans in ships of these magnitudes, Mr. Miller is
certain they may be made to go from four to five miles
an hour in a calm, and from three to four miles an hour
against light winds.
As an objection to ships of this construction, it is said
that the sea will separate the different bottoms. This
objection is not well founded, for top weight not being
detrimental to these ships, in point of stiffness, all the
beams on the different decks may be of the same size,
and the strength of these united must be very superior to
any weight or force which can operate against it. When
the ship is afloat, however agitated or high tlie sea may
DIPLOMATIC CORRESPONDENCE. 355
be, the united strength of so many beams may be estima-
ted, in some degree, by calculating the weight it will take
to break an oak beam', five and a half or six feet long, of
the breadth and thickness of a first rates lower deck beam.
Dalswinton, November, 19, 1787.
FROM JOHN ADAMS TO JOHN JAY.
Grosvenor Square, December 16, 1787.
Dear Sir,
Two days ago, I received the letter, you did me the
honor to write me, on the 16th of October, with its
enclosures.
The approbation of my conduct in Europe expressed
in the resolutions of Congress of the 5th of October, does
me honor, and demands my acknowledgments. The per-
mission to return to America, and the termination of my
commission in Holland, having removed all difficulties, it
is my intention to embark with my family in the mouth
of March. It would give me great pleasure, sir, to
accept of your polite and friendly invitation to New
York ; but as the health of my family is very tender and
their apprehensions of the sea, very great, it will be
necessary for me to embark for Boston. Mr. Smith and
his family will embark for New York. As Congress have
not transmitted him any orders, relative to another Minis-
ter, or to a Charge d'Affaires at this Court, the presump-
tion is, that it is either the intention of Congress to have
no diplomatic character here, or that other persons are
destined to fill it, in either case, Mr. Smith's road is as
clear as mine to return home.
You have before this time, received from Colonel Smith,
356 JOHN ADAMS- JOHN JAY.
his own account of his journey, arrival, and reception in
Portugal. This reception was more flattering than could
have been expected, and was in every respect I presume
fully satisfactory to him. But the mission has been at-
tended with consequences affecting his health, which there
is reason to fear he will have cause to remember for some
time. A bilious fever or tertian ague contracted in Portu-
gal or Spain has left him in a delicate state of health,
which I fear he will not fully remove till he arrives in
America.
The public mind cannot be occupied about a nobler
object than the proposed plan of government. It appears
to be admirably calculated to cement all America in affec-
tion and interest as one great nation. A result of accom-
modation and compromise, cannot be supposed perfectly
to coincide with any one's ideas of perfection. But, as
all the great principles necessary to order, liberty and
safety, are respected in it, and provision is made for cor-
rections and amendments as they may be found necessary,
I confess I hope to hear of its adoption by all the States.
Two days ago, a great consternation was spread in the
stock exchange, by a report of a quadruple alliance of the
two empires with France and Spain. Whether this is
any more than an artificial circulation to turn the tide of
popular terror and vapor, like the revived conversations
about an invasion of England, I know not. France un-
doubtedly has the power to form alliances if she will,
which will bring the existence of Britain and Prussia into
question. But the revival of States general and provin-
cial, and the contests which are likely to arise out of
them will give the French government business for some
time.
DIPLOMATIC CORRESPONDENCE. 357
Most perfectly do I agree with you that America has
nothing to fear, but a want of union and a want of govern-
ment. The United States now stand in an elevated situa-
tion, and they must, and will be respected and courted,
not only by France and England, but by all other powers
of Europe, while they keep themselves neutral.
It is suspected by some, that the additional troops now
recruiting for the army, are intended to be sent to Canada
and Nova Scotia ; their ostensible destination is to the
West India Islands.
No answer is made to any of my memorials or letters
to the Ministry, nor do I expect that any thing will be
done while I stay. There are reports of an intention to
send a Minister to America, and a Mr. Listen, I think
the name is, now at Madrid, is mentioned. But nothing
has been said to me, upon that subject for some time.
With great esteem, &c.
JOHN ADAMS.
FROM JOHN ADAMS TO JOHN JAY.
Grosvenor Square, February 14, 1788.
Dear Sir,
I yesterday received Mr. Remsen's letter of the 14th
of December, with the journals and gazettes enclosed.
At the last conferences at White Hall, which were last
Thursday, Lord Carmarthen thought proper to express a
wish that this country had some sort of treaty of com-
merce with the United States of America, that it might
be no longer necessary to take new measures from time
to time, which looked hard. This observation his Lord-
ship made, alluding to Mr. Grenville's motion in the
358 JOHN ADAMS— JOHN JAY.
house of commons, for making the regulation of the
intercourse between America and the West India islands
perpetual. His Lordship then immediately said " I
presume, Mr. Adams, that the States will all immediately
adopt the new constitution, I have read it with pleasure,
it is very well drawn up." All this oracular utterance was
to signify to me what has all along been insinuated, that
there is not as yet any national government, but that as
soon as there shall be one, the British court will vouch-
safe to treat with it. You will see by the Morning
Chronicle of the 12th of February, enclosed, that Mr.
Grenville's speech is in the same strain, so that we may
conclude it to be the concerted language of the cabinet.
It is unnecessary for me to make any reflections upon it;
the argument that arises out of it, in favor of the new
constitution, and a prompt acceptance of it, is but one
among many. France and Holland furnish as many
reasons as England. Mr. Jefferson must soon follow my
example, and return to America, if that constitution is
not accepted by all the States, and what will be the con-
sequence of the clamors of all the officers in France,
who are creditors, of all the notables who may be pleased
to cast reflections, and of all our creditors in Holland, for
want of payment of interest and principal as they become
due, must be left to every American citizen seriously to
consider.
In preparing for my departure, I have been personally
treated with the same uniform tenor of dry decency, and
cold civility, which appears to have been the premeditated
plan from the beginning, and opposition as well as ad-
ministration appear to have adopted the same spirit. Mr.
Fox and Mr. Burke, Lord Cambden and the Duke of
DIPLOMATIC CORRESPONDENCE. 359
Richmond, Lord Hawkesbury, and Lord North, and Lord
Stormont, have all behaved alike. If this country can
make such arrangements that the King of Prussia may
make a diversion of the French forces by land, and the
native Indians, or discontented subjects, another of those
of Spain in South America, you may easily believe that
England will be eager for war. Let not our country-
men flatter themselves, that they shall be able to main-
tain peace. Lord Carmarthen, indeed, said to me, that he
did not see a possibility of a misunderstanding in Europe,
and that he even hoped that peace would be made
between Russia and the Porte. His Lordship is in
profound ignorance of it, I presume, if there is really
any probability of an alliance of France with the Empe-
ror or Empress ; Mr. Jefferson has informed you of his
conjectures, as well as his intelligence, on that point.
The Marquis de la Luzerne is now Ambassador at this
court from France, and has already met with humilia-
tions not easily borne by Ambassadors. Monsieur de
Calonne appears at the levee and drawing room, and
even at the table of the Marquis of Carmarthen on the
Queen's birth day, with the French Ambassador. The
Chevalier de Ternant was presented by the French
Ambassador to the King and Queen, and treated with
the most marked disgust by both ; these things are hard
to bear. I have had some conversations with this Minis-
ter, with whom I made a voyage in 1779, from L'Orient
to Boston, in the Sensible, and could wish to have re-
sided longer with him, for he will certainly be attentive
and able, but my embarkation is fixed to the month of
March, and I hope to be in Boston in May.
With great esteem and regard, &c.
JOHN ADAMS.
360 JOHN ADAMS— JOHN JAY.
.
FROM JOHN ADAMS TO JOHN JAY.
Grosvenor Square, February 16, 1788.
Dear Sir,
There is no maxim more clearly settled in all Courts,
and in all negotiations between nations, that Sove-
reign should always speak to Sovereign, and Minister to
Minister, I am not at all surprised, therefore, although I
am much mortified, at having my memorials to their High
Mightinesses and to his most Serene Highness returned
to me, with the letter enclosed from Mr. Fagel. I should
have had a letter of recall, signed by the President of
Congress, by their order, and addressed to their High
Mightinesses. There is a similar irregularity in my re-
call from the British Court, for, although my commission
is limited to three years, yet my letter of credence to his
Majesty, has no limits at all. If the omission of a letter
from Congress to the King upon this occasion should not
be taken as an offence, it will not be because it is not
observed; but from motives too humiliating to Congress
as well as their" minister here, to be explained.
There is no alternative now left for me, home I must
go, and leave all Europe to conjecture that I have given
offence in Holland, and in England, that I have misbe-
haved abroad, though my conduct has been approved at
home. When the public shall hear that I am gone home,
without taking leave, there will be no end of criticism,
conjectures and reflections.
All that now remains for me; is humbly to request that
Congress would be pleased to send me regular letters of
recall, after my arrival in America, that I may then trans-
mit my memorials to Europe, and take leave in form.
To a man who has taken the utmost pains to do his
DIPLOMATIC CORRESPONDENCE. 3(J1
duty, and to fulfil every obligation to the smallest punc-
tilio, nothing can be more disagreeable than such disap-
pointments, especially, as in all my letters, I have so
expressly and repeatedly requested regular letters of
recall.
With great respect, &c.
JOHN ADAMS.
[Translation.]
FROM H. FAGEL TO JOHN ADAMS.
Hague, February 12, 1788.
Sir,
I have this day been honored with your letter, dated
London, 25th January, of the present year, accompanied
with a memorial to their High Mightinesses, and another
to his Highness, with a request to deliver the same. I
have ever experienced so many proofs of your friendship
and good will, that I should have accounted it an honor
and pleasure immediately to have complied with your
wishes, although I rather wished that you had not taken
leave, and always entertained hopes to have seen you
here once more. Permit me, howTever, to inform you that
when I communicated your letter, addressed to their
High Mightinesses, to the President and other members,
they did not put any unfavorable construction upon the
memorial of taking leave, which in every respect was
found obliging and satisfactory, excepting that no letter
of recall from Congress, to their High Mightinesses, ac-
companied the same, which is customary ; for as a minis-
ter is credited by a letter of credence, (such an one as
was received by their High Mightinesses on the 22d
VOL. v.— 46
362 JOHN ADAMS— JOHN JAY.
April, 1782, dated the 1st January, 1781,) so in like
manner, a minister is recalled by a letter of recall, upon
which a letter of recredence is returned. Perhaps this
may have been occasioned by an omission of the Secreta-
ry of Congress, and this prevents my making use of your
memorial, which ought to be delivered with a letter of
recall from Congress ; and your Excellency will, I trust,
not be displeased, that I find myself obliged to return to
you the letter and memorial.
Your Excellency's affairs not permitting you to come
and take a personal leave, it will be satisfactory that a let-
ter of recall from Congress be transmitted with your
memorial.
It will ever give me pleasure to learn of your welfare,
and those connected with you, and to find opportunities
of giving you proofs of the particular regard with which
I have the honor to be, &c.
H. FAGEL.
P. S. His Highness being in the same predicament
with their High Mightinesses, nothing can be done but
to wait for a letter of recall from Congress.
To his most Serene Highness, William the fifth, Prince
of Orange and Nassau, hereditary Stadtholder and
Governor of the United provinces of the Netherlands.
[A MEMORIAL.]
The subscriber, Minister Plenipotentiary from the
United States of America, has the honor to acquaint his
most Serene Highness, that the said United States in
DIPLOMATIC CORRESPONDENCE. 363
Congress assembled, have given him their permission to
return to America, after the 24th day of February, 1788,
and have resolved, that his mission to the republic of the
United Netherlands, should then determine. It is to him
a mortifying circumstance, that it is not in his power to
go, in person to the Hague, in order to take leave of
their High Mightinesses, and of your most serene High-
ness. But as he had the honor to be originally accredit-
ed by Congress to your most Serene Highness, it is his
duty, in taking leave of the republic, and on his departure
from Europe, to pay his respects to your most Serene
Highness in writing.
He asks leave to express his thanks for all the civilities
he has, from time to time, received at your most Serene
Highness's Court, and his sincere wishes for the universal
felicity of the republic in general ; of your most Serene
Highness ; of your royal consort, and illustrious family.
Done at Grosvenor Square, in London, this 25th day
of January, 1788.
JOHN ADAMS.
[Translation.]
To their High Mightinesses, the Lords, the States
General of the United Netherlands.
A MEMORIAL.
High and mighty Lords,
The subscriber, Minister Plenipotentiary from the
United States of America, has the honor to communicate
to your High Mightinesses a resolution of the United
States of America, in Congress assembled, of the 5th
364 JOHN ADAMS— JOHN JAY.
day of October, 1787, by which he is permitted, agreea-
bly to his request, to return to America, at any time after
the 24th day of February, 1788, and by which his com-
mission and credentials to your High Mightinesses are
on that day to terminate.
Nothing would have been more agreeable to the incli-
nations of the subscriber, than to have passed over to the
Hague, in order to have paid his final respects, and to
have taken leave of your High Mightinesses, had not the
shortness of the time, and the severity of the season, and
the tender state of his health, been opposed to his wishes.
The magnanimity and wisdom with which your High
Mightinesses, in 1782, manifested your friendship to the
United States of America, contributed to accelerate the
general peace of the world, which has lasted so long, and
the candor and goodness of your High Mightinesses, and
of the whole republic, to the subscriber, as well as to his
country, have made impressions on his mind which neither
time, place nor circumstance can ever efface.
In finishing this course in Europe, and in taking a re-
spectful leave of your High Mightinesses, he begs leave
to express his ardent wishes for the happiness and pros-
perity of your High Mightinesses, and your families, and
his sincere assurances that in whatever country he may
be, he shall never cease to pray for the liberty, the inde-
pendence, and the universal happiness and prosperity of
the whole Republic of the United Netherlands.
Done at London this twenty-fifth day of January,
A. D. 1788.
JOHN ADAMS.
DIPLOMATIC CORRESPONDENCE. 365
By the United States in Congress assembled, October
5th, 1787.
On a report of the Secretary of Foreign Affairs, to
whom were referred two letters from the Honorable John
Adams, of the 24th and 27th of January last:
Resolved, That the Honorable John Adams, the Min-
ister Plenipotentiary of the United States, at the Court of
London, be permitted, agreeably to his request, to return
to America, at any time after the 24th day of February,
in the year of our Lord 1788, and that his commission of
Minister Plenipotentiary to their High Mightinesses, do
also then determine.
Resolved, That Congress entertain a high sense of the
services which Mr. Adarns has rendered to the United
States, in the execution of the various important trusts
which they have from time to time committed to him,
and that the thanks of Congress be presented to him for
the patriotism, perseverance, integrity and diligence with
which he hath ably and faithfully served his country.
CHAS. THOMSON, Secretary.
FROM JOHN ADAMS TO JOHN JAY.
Grosvenor Square, February 21, 1788.
Dear Sir,
Yesterday I had my audience of leave to his Majesty.
I shall not trouble you with any particulars, of the pre-
vious steps to obtain this audience (which you know are
always troublesome enough) nor with any detail of the
conversation, farther than the public is immediately inter-
366 JOHN ADAMS— JOHN JAY.
ested in it. The substance of my address to his Majesty
was no more than a renewal of assurances in behalf of
the United States, of their friendly dispositions, and of
their continued desire to cultivate a liberal intercourse of
commerce, and good offices with his Majesty's subjects
and States, thanks for the protection and civilities of his
court, and good wishes of prosperity to his Majesty, his
royal family, his subjects and dominions. The King's
answer to me, was in these words. " Mr. Adams, you
may with great truth assure the United States that when-
ever they shall fulfil the treaty, on their part, I, on my
part will fulfil it, in all its particulars. As to yourself, 1
am sure I wish you a safe and pleasant voyage, and much
comfort with your family and friends."
This was the answer in ceremony. His Majesty was
then pleased to ask me many questions about myself and
my family, how long I had been absent from them, &tc.
which were intended, I suppose to be very gracious and
flattering, but were of no consequence to the public, and,
therefore, will be here omitted. It now remains to take
leave of the Queen and the Princess, the cabinet Minis-
ters and corps diplomatique, a species of slavery more of
which I believe has fallen to my share than ever happened
before to a son of liberty ; and I much fear, that the
omission of a letter of recall, and the offence taken at it in
Holland, will oblige me to go over to the Hague to repeat
the same tedious ceremonies there. At this season of
the year, so near the equinox, to have the passage from
Harwich to Helvoet to cross twice, is a punishment for
sins to me unknown.
I am extremely afflicted, my dear sir, at the news of
DIPLOMATIC CORRESPONDENCE. 3(37
your ill health ; but I hope you will be soon restored, for
the public at this moment has great need of your expe-
rience and abilities.
With much affection, &c.
JOHN ADAMS.
FROM JOHN ADAMS TO JOHN JAY.
Bath Hotel, London, March 26, 1788.
Dear Sir,
I have only time to introduce to you Colonel Smith,
and to request in his behalf the honor of your friendship.
His conduct in every part of Europe, where he has been,
I have good reason to believe has done honor to himself
and given a favorable idea of his country.
His honor and interest, as well as those of his family,
are very dear to me, and I wish he may be employed in
some station, or other, in which his talents and address
may be useful to his country. As I have so many reasons
to value your friendship to me, I naturally wish you to
extend it to him and his. He is able to give you a very
intelligent account of affairs in this country, and the rest
of Europe, and to him I must '-refer, having only time to
subscribe with much affection your friend,
JOHN ADAMS.
FROM JOHN JAT TO JOHN ADAMS.
New York, February 14, 1788.
Dear Sir,
As this letter will go by the way of Ireland, and may
be exposed to accidents in the course of its route, I de-
368 JOHN ADAMS— JOHN JAY.
cline entering into particulars ; but as the long recess of
Congress, who are now again convened, makes it neces-
sary that the enclosed letters of recall should be transmit-
ted without delay, I think it best to send one set by this
conveyance, and to forward duplicates by another vessel,
which will sail about the last of the month for Bristol.
Your letters by the packet are come to hand, and shall
be particularly noticed in my next, which will go under
cover to a friend, with directions to him what to do with
it in case you should have left England before its arrival.
Massachusetts has adopted the proposed constitution by
a majority of nineteen.
I am, dear sir, &tc.
JOHN JAY.
FROM JOHN ADAMS TO JOHN JAY.
Braintree, October 11, 1788.
Dear Sir,
The multiplied cares attending the removal of a family
from one country to another, and beginning a new course
of life, or resuming an old one, after an interruption of
fourteen years, must be my apology, if any apology is
necessary, for having omitted, till this time, to solicit the
final settlement of my accounts with the United States.
As Mr. Barclay has, for many years, had the exami-
nation of the accounts of all the ministers abroad, and of
mine, in particular, until my removal to England, I wish
to be informed whether it is the intention of Congress that
I should transmit the remainder of my accounts to that
gentleman, or any other, for a similar examination, or to
the Board of Treasury, or to Congress immediately.
DIPLOMATIC CORRESPONDENCE. 369
Let me request of you, sir, to lay this letter before that
honorable assembly, and to transmit me their commands,
which shall be obeyed as soon as possible.
With great respect, &c.
JOHN ADAMS.
VOL. v. 47
THE
CORRESPONDENCE
OF
COL. W. S. SMITH,
SECRETARY OF LEGATION AT THE COURT OF LONDON.
WITH
THE ANSWERS OF JOHN JAY,
SECRETARY FOR FOREIGN AFFAIRS.
FROM W. S. SMITH TO THE PRESIDENT OF CONGRESS.
New York, January 14, 1785.
Sir,
I have the honor of addressing Congress on a subject
which I dare hope will not be thought unworthy of the
notice of that august body.
At an early period of the late war I entered the service
of my country, and continued in it until the important
object for which we fought was happily obtained ; for my
conduct in the several stations in which I had the honor
of acting, I appeal to the enclosed copies of testimonials,
No. 1 & 2.
The particular marks of attention with which I have
been honored by the Commander-in-chief, from the bat-
tle on Long Island, in August '76, to the conclusion of
the war, and the assurances I have received of his pro-
tection and friendship, induce me to believe that he will
372 WILLIAM S. SMITH— JOHN JAY.
consider himself obliged by any marks of attention which
I may be honored with from the United States, in Con-
gress assembled, especially as I had the fortune to be one
of those confidential officers of his family, who continued
in the service to the end of the war, and whom he was
pleased, for that particular reason, to recommend to the
favor of Congress.
Upon this ground, sir, I present myself to Congress,
assuring them, that an ardent desire to serve my country
still exists, and it only remains with that honorable body
to point the sphere in which they think my services may
be employed, and to the duties of which I may seem to
be equal, taking the liberty in the mean while to observe
that my education has been regular and liberal, and that
in consequence of the war, I am left, after its successful
termination, without any fixed employment or profession.
I have the honor to be, &c.
W. S. SMITH.
Lieutenant Colonel William S. Smith entered the ser-
vice of the United States at the commencement of the
present war. In August, 1776, he was appointed aid-de-
camp to Major Gen. Sullivan, with the rank of Major in the
army. On the 1st of January, 1777, he was promoted to
be a Lieutenant Colonel in one of the additional battalions
raised by the Commonwealth of Massachusetts. After
which he had the honor of serving as Inspector and Adju-
tant General to the corps of Light Infantry under the
command of Major General, the Marquis de Lafayette in
the campaign, 1779, and in the month of July, 1781, he
DIPLOMATIC CORRESPONDENCE. 373
was appointed aid-de-camp to the Commander-in-Chief
of the American armies, in all which military stations he
behaved with great fidelity, bravery and good conduct.
During the course of service, Colonel Smith has had many
opportunities of signalizing himself by his gallantry, intel-
ligence and professional knowledge in the several battles,
enterprises and seiges, at which he has been present, par-
particularly in the actions on Long Island and Harlem
heights, at the seige of Newport, in the expedition under
the order of Major General Sullivan against the savages,
in the battle of Springfield, where he commanded a
regiment, at the successful seige of York in Virginia,
where the army of Lord Cornwallis surrendered prisoners
of war, and on many other important occasions. In con-
sequence of which, he hath merited my approbation and
this testimony of his being a brave and valuable officer.
Given under my hand and seal at the head quarters of
the American army, the twenty-fourth of June, 1782.
G. WASHINGTON.
William S. Smith, Esquire, Lieutenant Colonel in the
Army of the United States of America, and Aid-de-Camp
to his Excellency, General Washington, having, from an
apprehension that the defensive measures of the British
forces would render the campaign in America inactive,
solicited and obtained the permission of Congress to be
absent on furlough and to join any of the combined troops
of France and Spain, should he be invited to do so, until
he should be recalled by the order of Congress. I have
the honor in justice to Colonel Smith's eminent services
and military merit, to recommend him to the commander
374 WILLIAM S. SMITH— JOHN JAY.
and general officers of the combined forces of France
and Spain as a faithful, enterprising and highly meritor-
ious officer.
As to recapitulate his different and distinguished ser-
vices would induce a very considerable detail, it will suf-
fice to observe that they have been such as to merit and
obtain the warmest approbation of the Commander-in-
chief and the several general officers under whose orders
he has acted, and in whose testimonials, so very honora-
ble to Col. Smith, I do from my own personal knowledge
of his talents and disposition, most heartly concur.
Done at the War Office in Philadelphia this second
day of July, 1782, and sixth year of our independence.
B. LINCOLN, Sec. at War.
FROM W. S. SMITH TO JOHN JAY.
Falmouth, May 16, 1785.
Sir?
I have the honor to inform you that I landed here this
morning after a passage of twenty eight days. I shall im-
mediately proceed to London, and I have hopes of meeting
Mr. Adams there ; hot being possessed of a cypher, I
must refer you to my letter of this date, to Baron
Steuben for a small piece of intelligence, which I obtained
in crossing the Atlantic.
I shall embrace the earliest opportunity after my arri-
val in London, of informing you of the train in which I
may be able to put the business of the commissioners,
and am with great respect, &c.
W. S. SMITH.
His Excellency John Jay, Esquire.
DIPLOMATIC CORRESPONDENCE. 375
FROM W. S. SMITH TO R. H. LEE, ESQ.
London, Royal Hotel, Pall Mall, June 15, 1785.
Sir,
I did myself the honor of addressing your Excellency
from Falmouth, immediately after my arrival. I have now
the pleasure of informing you, that I was so fortunate as
to meet Mr. Adams here, on the day after I got to this
city, 25th ult., and it gave me pleasure that it was so soon
in my^power to present him with your Excellency's des-
patches and the orders of Congress.
By letters to Mr. Jay, by the last packet, Mr. Adams
forwarded the particulars of his reception at this court,
with which he is pleased. I shall this day step in the
stage, and make my court to majesty, and shall, by the
next opportunity, give your Excellency an account of my
reception, if any thing attends my introduction worthy of
communication. I have the pleasure of forwarding the
papers of this month. You will observe by the debates
in parliament, a considerable warmth on the subject of
taxation ; the shop tax occasions a considerable commo-
tion ; whether it will turn out " vox etprteterea nihil," I
cannot yet determine. The minister was hung in effigy
last night, and the people murmured through the street.
It is a very critical period with this nation ; their burthens
are enormous, and like an overloaded mule, they wince
and stagger. If the minister is skilful enough to keep his
seat, public tranquillity may yet be preserved, but if he
falls, " shadows, clouds and darkness rest upon them,"
and what will be the consequence time will only deter-
mine. From what little observation I have been able to
make, the nation does not seem to be governed by princi-
376 WILLIAM S. SMITH— JOHN JAY.
pies perfectly consistent with their establishment, and,
where this is evidently the case, my small system of poli-
tics teaches me to expect commotion, and to be guarded
against revolutions. Being convinced of the safety of
this conveyance, I must inform your Excellency, that the
preparations made by Spain for the ostensible purpose of
attacking the Algerines, ma; possibly be made use of in
the Floridas, and present themselves as a check to the
navigation of the Mississippi, which the settlers of the
back country, we are informed, are preparing for with
great avidity ; however, this with me, is mere matter of
conjecture, founded on the unguarded expression of a
Spaniard.
I have the honor to be, &tc.
W. S. SMITH.
FROM JOHN JAY TO W. S. SMITH.
Office for Foreign Affairs, )
August 26, 1785. S
Dear Sir,
I have been favored with your letter of the 15th June
last, and communicated it to Congress this morning.
Want of time at present prevents my making this letter
as long as I otherwise should have done had I sooner
heard that the vessel which carries this is to sail in the
morning.
My best wishes attend you, &c.
JOHN JAY.
DIPLOMATIC CORRESPONDENCE. 377
FROM W. S. SMITH TO JOHN JAY.
Westminster, Leicester Square, December 6, 1785.
Sir,
In the beginning of August, and during the recess of
the British Parliament, when it is almost as much as a
young gentleman's character is worth, to remain within
view of the smoke of the city of London, and when
those who move in the circle of the court retire to the
country for recreation, or to a watering place for dissipa-
tion, I determined to make a tour on the continent for
political observation and improvement, and at the same
time observing the countenance of the British King and
his court, were not totally free from hostile lines relative
to America. I supposed it would not be impolitic or im-
proper for the Secretary of that legation (as he wears a
sword devoted to his country's service) to take a public
military lesson in the Prussian camp, where all the blood-
thirsty characters of Europe were bending their course;
upon these principles, I wrote a letter to Mr. Adams
requesting his permission, a copy of which is the enclosed
No. 1. and No. 2. Mr. Adams' answer. Immediately
upon the receipt of which I made arrangements for my
departure, and left London on the 9th of August, passed
to the Hague and Amsterdam, and after possessing myself
of some circumstances, relative to their situation and
government, and the plans of those with whom we have
some connexion (in the bank wayj of which I gave Mr.
Adams immediate information, I entered the kingdom
of Prussia, passed the dominions of the elector of Han-
over and those of the Duke of Brunswick, and was par-
ticularly pleased in forming a slight acquaintance with
VOL v.— 48
378 WILLIAM S. SMITH— JOHN JAY.
Prince Ferdinand, (the Minclen hero) who is amiable
and pleasant, he was very inquisitive about America, and
what is rather singular, considering that he was educated
and has always moved under the wing of despotism, he
professes himself a friend to the principles which govern-
ed us in the revolution, and was anxious about the situa-
tion of our own country and government; after being fully
informed on these subjects, he exclaimed, my God, what
have the British lost? Your country, sir, presents a scene
without a precedent, and I shall always recollect with
pleasure this opportunity I have enjoyed, in being fully
informed of the principles which have governed you
through the contest, and with great sincerity hope you
may succeed in the establishment of what you have so
nobly contended for. From this after reconoitering fields
of battle, examining garrisons, arsenals, bastiles and noting
the effects of despotism, from the cottage of the im-
poverished peasant, to the throne of Majesty, I found
myself in Berlin, the capital of the Prussian dominions,
and learning his Majesty expected that foreigners, who
proposed making any stay in his dominions, would inform
him of their ostensible plans, and request his permis-
sion, I wrote a letter of which, No. 3. is a copy,
and was honored with the answer No. 4. I spent a
month in his camp, and associated with his court, and the
first military characters in Europe assembled in his palace.
As a soldier I am sensible of receiving material informa-
tion and improvement, though, I hope my country may
never have occasion for me in that line. As a politician,
I have formed acquaintances and made some observations,
which must enable me more fully to discharge my duty
to my country, in the line which they have called upon
DIPLOMATIC CORRESPONDENCE. 379
me to move in, and in which my ambition points to the
acquirement of such knowledge as will fit me for the
station and enable me to answer the flattering expectation
of my friends. After the reviews of Berlin and Potsdam
were finished ; not wishing to return on the same road I
advanced, I visited Leipsic and Dresden, the capital of
Saxony, Prague the capital of the kingdom of Bohemia ;
made some stay at Vienna, the residence of the imperial
court, and called at Paris on my way to London. In
this tour of serious study and reflection, I have not only
possessed myself of their military systems and the improve-
ments in their arms, but gained some knowledge of their
political views and situation. In touching upon which, I
have only to request, that your friendship will divest it as
you proceed, of what may appear opiniated or forward, and
excuse it, as I give my sentiments freely and without dis-
guise, not with an idea of instructing; but to put myself
in the way of having my opinions corrected, if erroneous,
by your advice and judgment. In the first place permit
me to breathe a serious wish, that my countrymen had a
proper idea of the happiness that is within their grasp,
and the benefits arising to society from virtuous republi-
can establishments ; the very face of nature speaks for
itself, and as you pass this variegated country and govern-
ment, bears in strong lines the different degrees of tolera-
tion and indulgence they enjoy. I will not prostitute
the term of liberty, by using it, when speaking of any of
them ; and, as for myself, if it were possible for an addi-
tion to be made to my enthusiasm on that subject, I am
now a most perfect devotee.
From the political systems which govern the courts of
Europe, permit me to say, that in my opinion very few,
380 WILLIAM S. SMITH— JOHN JAY.
if any advantages, can arise to our country from an inti-
mate connexion with them. An avenue for mutual inter-
course may be opened, but I hope we may not rely on it
too much for a support. Nature has been vastly bounti-
ful to our country ; it is competent to furnish the necessa-
ries, and what we get from abroad are the luxuries of life,
which seldom fail of bringing with them the vices of their
respective countries, or nourish those already too predo-
minant in ours, the minutest particles of which ought to
be guarded against, as repugnant to the principles of our
government. Upon another principle they themselves
present a barrier ; their arrangements are perfectly self-
ish, and wHl never extend beyond their own partial bene-
fits. The happiness of mankind is what they treat with
derision, when in the least incompatible with their ambi-
tion or aggrandizement. On examining the state of the
only powers in Europe which boast of a liberal estab-
lishment, (viz: the Netherlands) I found them reduced to
the last stage of a political consumption ; and for my part
I doubt whether there is virtue enough in their composi-
tion to bear them superior to the attack. I know not at
this present day, what name to give their government, or
through what political medium to view them. It is per-
haps sufficient to know that they are governed by systems
diametrically opposite to their original establishments, and
that of course revolutions may be looked for; how far
they will be effected without tumult and confusion time
only can determine. This must be evident to every one
who visits the courts of Europe, that, that particular peo-
ple are held in the least estimation of any on the conti-
nent, and their present situation is such, and the thirst for
power amongst their neighbors so enormous, that I should
DIPLOMATIC CORRESPONDENCE. 33 1
not be astonished if the same fate should attend them
which the kingdom of Poland has experienced, whose
Sovereign, after receiving the most solemn assurances of
three of the first powers of their determination, not only
to support the dignity of that crown, but making offers of
friendship, found himself pressed with demands, support-
ed by armies, which he could not resist, originating from
a compact between the said guarantees, to annex parts
of his dominions to their respective territories ; this they
have accomplished, and have left him the shadow of a
government, with the insignia of royalty, robbed of a
large portion of its territory and power. This circumstance
is mentioned by a late author as a glaring breach in that
political system which for many years has governed
Europe, and from hence, with the conduct accompanying
the transaction, he very justly draws this conclusion, that
they know no rights but their own, and no rule of justice
but their pride and ambition.
Upon this same infamous basis the mistaken policy of
Britain occasioned that memorable revolution which gave
liberty and independence to our country, and which if
wisely conducted, must produce establishments, which
cannot fail of promoting the happiness of mankind.
It is with particular satisfaction I noticed the anxiety of
the literati in the different courts I have visited, relative
to America ; they alone, sir, are anxious for our prosperi-
ty, and with particular attention attended to me while I
endeavored to place in its proper light, the false asser-
tions and cruel policy, so visible in British publications.
That nation feels itself lessened in the eyes of Europe, in
consequence of their conduct and situation with America,
and too many individuals of it are laboring with surprising
382 WILLIAM S. SMITH— JOHN JAY.
assiduity to establish a belief through this continent, that
we are incapable of governing ourselves, and that at this
moment our country is a scene of anarchy and confusion,
and bloodshed, and that we shall soon put ourselves under
the wing of the British government. A paragraph appear-
ed in a Berlin paper, containing nearly those very expres-
sions : while I was there, I was immediately visited on
the subject. I observed to the gentlemen, that 1 could,
with freedom, assure them, that if Americans found them-
selves incompetent to the administration of their own go-
vernment, Britons were the last masters to whose yoke
they would voluntarily submit ; that 1 imagined the can-
did would readily believe, that that wisdom which had
conducted a young country safely through a vigorous war
of eight years, against the first power in Europe, when in
its meridian, and had been able, in the rage of war, to
form constitutions for themselves, and treaties with the
other nations, by no means inconsistent or dishonorable,
would at least be capable (after the expulsion of the in-
vaders from their country, and the restoration of public
peace and tranquillity) of making establishments for their
own internal government, particularly as those establish-
ments would be by and for themselves ; that America con-
sidered herself happily situated out of the vortex of Euro-
pean politics ; that the Ambassadors sent to the different
courts, and more particularly to that of London, were
not sent to ask favors or td seek protection ; that they
found themselves happy in an establishment formed by
their own virtues, and content with possessing a country
abundantly sufficient for furnishing its inhabitants, not
only with the necessaries, but too many of the luxuries
of life ; that under these circumstances, an European
DIPLOMATIC CORRESPONDENCE. 383
connexion was by no means necessary to their existence;
but the genius of the people pointing to commerce, had
led their representatives to inquire whether establish-
ments might not be made with other powers, on which a
friendly intercourse might take place, and not only their
constituents be benefitted, but that happiness, which
their liberty enabled them 10 enjoy, might be generally
diffused, and mankind be benefitted by their establish-
ment ; that these were our ruling principles and the
spring of our actions, when seeking for European con-
nexions ; that with respect to the wished for protection
of the British court, the idea was rather laughable than
otherwise, for I had found it connected with the political
creed of European politicians (that the kingdom of
Great Britain had passed the meridian of her glory
when she was separated from America, and that upon
her conduct in the present moment, as it related to
America, depended very much the rapidity of her
decline.) As for Americans, they always lamented her
infatuation, and pitied at every moment they were pun-
ishing her folly ; but as a nation once highly respected
and at present the nursery of the arts and sciences, we
conceived it a duty we owed to mankind, a duty we
owed ourselves, to bury former injuries in oblivion and to
extend the hand of friendship with the dignity becoming
a free people, to support her in her old days; that if
they would permit their reason instead of their passions,
to operate, such establishments might be made as would
benefit both. But if on the other hand, puffed up with
ideas of self-importance, they should not be capable of
treating as they ought the proffered friendship, all Ame-
rica had to do, was to step so far out of the way as not
384 WILLIAM S. SMITH— JOHN JAY.
to be injured by the rapidity of that fall which would
inevitably take place ; for though by a connexion both
might be benefitted, by a separation only one could be
materially injured. By these and similar sentiments, I
had frequent opportunities, both at Berlin, Dresden, and
Vienna, of convincing gentlemen that the aspersions in
general cast upon the American character, had no other
foundation than envy and disappointed ambition. You
may readily suppose, Sir, it gave me exquisite pain to
find the character of my country so traduced, and such
pains taken to place us, as a nation, in a despicable point
of light; the origin of it, as it relates to Britain, I account-
ed for, and found the republication of those paragraphs
in the different kingdoms of Germany, to be dictated by
policy, to check the emigration of their subjects, which,
notwithstanding all their false coloring, they find a dif-
ficulty in effecting. How much superior should we have
been to their observation, and what an exalted national
character should we have established, if, in the first flut-
ter of our independence, reason and justice had possessed
fully the reigns of government in our particular States,
and what a stab would have been given to tyranny, and
the principles of those who advpcate monarchy, if the
laws which had been passed during the heat of the con-
test, had, upon the restoration of public tranquillity, been
weighed in the scale of reason — to have examined where
they were marked with justice and where with passion —
that, in the one case they might have operated with dig-
nity, and in the other been abrogated; for at that period,
by a strict attention to national obligations, and, by acts
of justice alone, a most respectable national character
might have been established, superior to the shafts
DIPLOMATIC CORRESPONDENCE. 385
of British malice ; but that period is passed, and
an impression is made, that character can now only be
established by acts of positive virtue; and according
to the opinion I have of the human mind, I imagine will
prove but an up-hill piece of business. With respect to
commercial connexions, the checks which they will always
be exposed to in this country from the nature of their go-
vernments, will render their markets too uncertain for our
citizens to frequent them. In Prussia the character of the
great King and the grand merchant are strangely blended;
he is the monopolizer of every article of commerce in
his dominions, and farms them out to those who will give
the most for exclusive privileges, and if he finds (as some-
times is the case) that he is outdone in a bargain, he
breaks it without hesitation, and there is no redress, for
the King can do no wrong; hence arises a proverb, at
present much in vogue, when a merchant makes a bad
bargain or is unfortunate in his negotiations, they say
he has had negotiations with the King; in short, sir, he is
made up of extremes, and it is impossible to know on
what grounds to find him ; he sometimes tarnishes the
most elegant efforts of a great soul by a paltry action,
and at the same time that his memory will be blasted
with the just appellation of a tyrant, the faithful historian
will record acts of grandeur, benevolence and generosity,
which must proceed from an extraordinary elevation of
mind and a possession of those feelings and sentiments
which render man amiable and do honor to the human
heart. These are the singular outlines of that astonish-
ing character, which for this half a century has been the
terror of Europe. No foreign manufactures are admitted,
and there is not cash enough in the country (except in
VOL. v.— 49
386 WILLIAM S. SMITH— JOHN JAY.
the royal coffers, which at this day contain one hundred
millions of dollars) to give in exchange for the produce of
others. The Emperor himself, who is held up as the
present model of royal virtues, and who seems to
study more the happiness of his people than any other
(except the present Elector of Saxony) has made
similar arrangements, and has lately seized on all foreign
goods, wares and merchandize in his dominions, and
obliges the merchant to dispose of them by retail only,
and in such places as he has appointed, and no other.
I visited these deposites, and noted the severity of the
examination in several parts of his dominions. The
present politics of the Court of Versailles and Lon-
don, seem tending to the same point, and I am somewhat
apprehensive that no establishments can at present be
made with them, but such as will tend to increase our
debts, and lessen our ability to shake off the load under
which we at present labor. They plume themselves on
the ability of commanding our markets, and from our real
or imaginary wants, set their own price on our produce ;
it would be fortunate for us, if establishments could be
made, that specie might be obtained in the first instance
for that produce, the ability of commanding would then
rest with us, and the still mdre pleasing one of discharging
the pecuniary obligations we at present labor under ; and
we should then cease to be the sport of speculators,
usurers and bankers. I see the prevailing passion in our
country is for foreign establishments; and this, if examined,
will appear to have arisen from foreign policy ; but I see
no measures taken to check its pernicious effects. Our
countrymen are not led to suppose themselves capable of
enjoying happiness without foreign aid and connexions.
DIPLOMATIC CORRESPONDENCE. 387
I know of no establishment that gives springs to ambition,
or that calls forth the exercise of that industry and genius,
for which our fellow-citizens are remarkable, and on
which alone depend their independence and political
happiness. Allowing some, or all of these observations,
to be just, I would, seeking information, ask, why are we
so much distressed about European establishments ? Are
they channels from whence we have derived what wealth
we possess, or are they sluices which drain us of what
our industry and activity have hitherto produced ? If we
look back to our situation in the most flourishing periods
of our commerce, we shall find that the great channel of
our wealth at that period is at present unattended to,
although the very first interference with it, under the
administration of Granville, laid the foundation of the war
between America and Great Britain.
I have already held up to view, the luxuriance of our
country, and the industry of our fellow-citizens, and will
make bold to assert, that the more specie we get in ex-
change for the product of these, the more our ability will
be increased to command the commerce of others. This
shall be considered as the ground work for the remnant of
this long epistle.
If then in the period of our greatest commercial splen-
dor (which I believe may be justly fixed between the
conclusion of the last war and the existence of the stamp
act) the main spring of our ability to support our com-
merce originated from a connexion (although clandestine)
with the Havanna and the Spanish coast ; and if our in-
creasing wealth, derived through that channel, first sound-
ed the alarm in Europe, and put them on measures to
interrupt our rapid rising importance, which they foresaw
388 WILLIAM S. SMITH— JOHN JAY.
would soon be equal to their own, unless the intercourse
was checked, and a barrier placed between the northern
and southern continents. Why is not, now we have thrown
off those shackles of tyranny, the attention of our politicians
directed to the same point ? After comparing our com-
mercial abilities with the situations of those countries and
governments, which I have had a small opportunity of ex-
amining, this above all strikes me as an object worthy of our
most serious attention, and though, at present, it cannot
be expected to operate extensively, it appears to me that
for various reasons we should now be making arrangements
for an intercourse between the northern and southern conti-
nents. Under the strong impression of this idea, thai coun-
tries so contiguous, naturally charged with the ability of
aiding, supporting and furnishing each other with every
article which either can want, and collectively possessed
of an ability, of almost commanding the commerce of
the universe, cannot be kept assunder, but by the inter-
vention of arbitrary systems, supported by superior force;
but this is a work of time and rests upon their own
virtues and future exertions. We want at present, and
can scarcely do without their wealth in exchange, for
which they will gratefully receive the flour, fish, iron,
Sic. with which our coast ^nd country abounds ; and of
which they are entirely destitute. Why then, as the
abilities with which nature has endowed each country,
seems calculated for an exchange and mutual benefit,
is there not some attempts made to open the door of
communication, from the most trifling avenues of which
we must derive advantage. I know the politics of
Europe will throw every obstacle in the way of such
establishments, not only upon partial but upon general
DIPLOMATIC CORRESPONDENCE. 389
principles ; it is in vain for us to expect in any arrange-
ments, that the politics of monarchical governments,
which in general date their existence from the periods of
usurpation, and preserve them by the exercise of tyranny,
can tally well with the purity of republican establish-
ments ; on the contrary, they will always watch us with
a jealous eye, while we adhere to and flourish under
systems diametrically opposite to those which support
their governments, and enable them to keep mankind in
subjection. It pains me to observe (to the disgrace of
the human mind in this enlightened age) that I have
great reason to believe that the powers of Europe would
rejoice, (I mean those at present at the helm of each
State) and are in general pleasing themselves with the
expectation, that we shall not be able to support our
government, but like the ancient Grecian republics, shall
fall a prey to some ambitious Prince, and they fix their
eyes on George the Third, who, like Philip of Macedon,
they suppose will have address enough to sow dissentions
among us, and after weakening us by internal commotion,
make us an easy prey. Can my countrymen bear the
idea ? This is the wish and expectation of those who
hold this doctrine, that mankind are not capable of
governing themselves in republican establishments, and
that no other system, than that which is supported by
royal authority, can ever long exist, or be productive of
the happiness of society. On the other side of the
question we have a party, they are small, but valuable ;
it is composed of the men of science and philosophers,
who look up to our country as the theatre of liberty,
and the only asylum now left for the injured and op-
pressed ; God grant that they may not be deceived, but
390 WILLIAM S. SMITH— JOHN JAY.
that the influence of our conduct may diffuse itself, and
mankind be benefitted by our establishments. You doubt-
less think it full time for me to explain why I consider
this as the moment we should be attending to the object
of an intercourse with our southern neighbors ; I answer
generally, that such an establishment being replete with
every happiness which can possibly be enjoyed by both
countries, cannot be too early attended to ; they are
naturally charged with the ability, as I have before
observed, of supporting and benefitting each other, inde-
pendent of other powers, in every respect whatever, and
if we believe that societies as individuals have their use,
their zenith and decline, why may we not suppose Europe
in general as on the last, and America just entering on
the first stage, and make our arrangements to keep pace
with the rapid growth of youth? But now for particulars,
from what I can collect, the inhabitants of South America
begin to feel uneasy, and look around for liberation from
the Spanish yoke, and perhaps will take advantage of
the first European commotion and try their strength,
provided they can meet with the countenance and pro-
tection of a naval power; :"or no other can aid them.
With respect to Europe, the present convulsed state of
their politics, must, 1 ihink, so perfectly command the
attention of the respective courts, that a system may be
formed and measures taken by us to give it an existence
when time and circumstances admit, before they know a
sufficiency of it to counteract our plan (at the same time,
it behooves us, and it will require some address) to guard
against the possibility of being (as a government) drawn
in as a party, when the appeal shall be made to the
ultima ratio regum. Holland is wrecked with internal
DIPLOMATIC CORRESPONDENCE. 391
commotion, . divided among themselves and every day
threatens severer convulsions; Great Britain is distracted
with party, and almost incapable of pursuing any regular
system. The sly policy of the court of Versailles is busy
with both, and the active ambition of the present Empe-
ror of Germany, jealous of the Prussian power and anxious
to recover what -the enterprising genius of Frederick
has deprived him of, furnishes a strong line in the picture
I am holding up ; at the same time, that he finds himself
under the necessity of keeping a watchful eye over the
Hungarians, who complain of an infringement of their
rights. One of their noblemen in conversation with me,
one day at Vienna, and speaking of America, asked
several questions about Mr. Paine, whose pamphlets he
was possessed of; he wrought himself up to a very con-
siderable pitch and at last exclaimed, I wish to God, sir,
that common sense was not confined to your country, a
little of it here would make a great alteration in our
affairs. On the other side, the league formed by Prussia
with the electors of Hanovsr, Saxony, &c. &c. and the
demands that the King is now making in the States
General in behalf of the Prince of Orange, furnishes
another line, which connected with the approaching
periods, which according to the course of nature must
terminate the reigns of the Spanish and Prussian Kings,
points to convulsions and wars, which I think it almost im-
possible to avoid. To be ready to take advantage of the
confusion of those we may probably call our political
enemies, would at least border on prudence and merit
applause, as the happiness of mankind is our object, and
which, in my opinion, can only be promoted by opening
the doors of liberty, as a great corner stone to this work,
392 WILLIAM S. SMITH— JOHN JAY.
permit me to suggest a strict attention to the settlement of
the lands on the Ohio and Mississippi and leave that point
detached and to its own operation. I am not the least
acquainted with Mr. Carmichael our Resident at the
Spanish Court, therefore, in what I may say relative to
his station, I cannot be supposed to reflect upon him.
Let a gentleman of integrity and abilities be stationed at
the court of Madrid in a line more dignified than that of
a resident, and let him lend his attention particularly to
the operation of South American politics, and endeavor
by very gentle and persuasive advances, to gain some small
commercial establishments and endeavor to quiet the
Spanish court on the subject of those advances towards
the opening of the Mississippi, which the settlement of
its banks must in time effect, and which that government
is at present apprehensive of, and are now trembling for
the situation of their colonies in consequence of our suc-
cess and establishments so near their borders. A friendly
commercial establishment with that nation would give
an immense strength to our affairs and it may not appear
improbable, but they would rather make one, and even
open the Mississippi ; than risk any violence from us
in that quarter, as it might immediately bring on the
important question between them and their colonies,
and which, as that country is so separated from the
seat of our government, we shall find an immense dif-
ficulty (if they have no outlet for their produce) in check-
ing, even should we be seriously disposed to it. I know I
am touching a very important, alarming and delicate
subject ; but this I also know, it has been an important
channel of wealth to us, not only before the war^ but from
this source flowed the present circulating cash of our coun-
DIPLOMATIC CORRESPONDENCE. 393
try. Upon these principles, which are self-evident, why
should we cease to pursue that by which we have always
been benefitted. The circulating medium of our country
speaks for itself, and I think, strongly points out the path
we ought to pursue, as a commercial people. This plan
I am very sure will interfere much with the politics of our
allies, and it is the opinion of some, that the minister who
attempts to serve America, independent of France, risks
his political existence. How painful is that situation in
which you cannot benefit yourself without offending your
friend ; but this, if it has an existence, I imagine will
soon wear off, particularly if the present plans of negotia-
tion between the courts of London and Versailles should
be carried into effect ; they at present point to friendly
commercial treaties, and the ministry have detached Mr.
Eden, from the minority, and appointed him to the court
of Versailles, as their commercial negotiator, with a sala-
ry of six thousand sterling per annum ; this has occasioned
great disturbance in the minority, who compare Mr. Eden
with Arnold, and yoke them together in the public pa-
pers, as the base deserters of their country's cause. The
success of his negociation must shew itself pretty soon
after his arrival at Versailles, of which you doubtless will
receive the earliest information.
Mr. Adams' last despatches mentioned the appoint-
ment of Mr. Lamb and Mr. Randall, and their having
departed for Algiers ; and Mr. Barclay and Mr. Franks
I suppose, by this time, are on their way to Morocco.
From what little information I could collect of the cha-
racters of those Monarchs and their courts, I do not think
we have much to promise ourselves from the negotiation
with the Algerine. He is a haughty supercilious Prince,
VOL. v.— 50
394 WILLIAM S. SMITH— JOHN JAY.
and his court are corrupt and extravagant, and of course
will require a considerable distribution of presents to work
our way there. One circumstance is rather unfortunate
for us, viz : the treaty made by France with that power
in 1685, has expired, and either has been lately, or is
now on the point of being renewed. I am apprehen-
sive we shall appear to a disadvantage when compared
with them in our bribes and presents. I have not the
honor of an acquaintance with Mr. Lamb, therefore can-
not form any opinion how far his address and abilities may
aid his advances. From the character of the Emperor of
Morocco, Mr. Barclay's errand wears a more favorable
aspect, and perhaps may answer the end intended. He
is a mild Prince, on the decline of life, and a devotee; he
has. lately released prisoners on the principle of making
peace with heaven; has pardoned, after subduing, his son,
who raised a rebellion in his kingdom, and is disposed to
move in milder paths than any of his neighbors.
I shall esteem myself honored by an answer to this,
with some more favorable account of our situation than
we have from British newspapers and reports.
With great respect, &tc.
W. S. SMITH.
FROM JOHN JAY TO COLONEL W. S. SMITH.
New York, May 4, 1786.
Dear Sir,
I have had the pleasure of receiving your favor of the
6th December last, and as it manifests your attention to
the acquisition of useful knowledge as well as contains
DIPLOMATIC CORRESPONDENCE. 395
many judicious remarks, I communicated it to Congress,
Your letter on the subject of the papers you were request-
ed to procure, by the agents for New York in their
controversy with Massachusetts, I have laid before them,
for my official business requiring all my time and atten-
tion, I found it necessary to resign that appointment. It
will give me pleasure to be frequently favored with letters
from you, and when a better opportunity than a packet
offers, I shall write less concisely.
With great respect, I am, Sec.
JOHN JAY.
FROM W. S. SMITH TO JOHN JAY.
London, April 11, 1786.
Sir,
I have the honor of enclosing your Excellency, the
papers mentioned in Mr. Adams' letter of the 28th ult.
from Barcelona, from Mr. Lamb and Randall; the gentle-
man to whom Mr. Lamb refers is not yet arrived, so that
we have no further information than what Mr. Randall's
letters contain. I have the pleasure to inform your
Excellency, that the treaty with Portugal is agreed upon
and I shall this day complete a copy to be signed by the
respective Ministers, of which Mr. Adams will give your
Excellency the particulars by the first opportunity.
I have the honor to be, &c.
W. S. SMITH.
396 WILLIAM S. SMITH— JOHN JAY.
FROM JOHN LAMB TO JOHN ADAMS.
Barcelona, February 16, 1786.
Sir,
On the llth day we arrived here. I have drawn on
my credit for twenty-six hundred pounds sterling in all,
two thousand of which I shall receive on Monday next.
I hope, that, and the small trinkets which I brought from
Paris, will introduce me to an audience at Algiers ;
have met many little disappointments since we left
France which hath detained us until this time ; hope to
to sail from this next week ; must refer your Excellency
to Mr. Harrison for particulars of my present situation.
I am with due respect, &c.
JOHN LAMB.
FROM PAUL RANDALL TO JOHN ADAMS.
Barcelona, February 17, 1786.
I should have paid the highest respect to your Excel-
lency's injunction of writing by every safe opportunity,
but that I conceived such information as I could have
communicated hitherto, would have been a reiteration of
Mr. Carmichael's letters : at present, as Mr. Lamb does
not write nor has directed me thereto, I think it mji duty
to manifest an early disposition of complying in every
respect with your Excellency's direction; on the llth
instant we arrived here after an expeditious journey
from Madrid, and on the next morning presented a letter
of recommendation from the Count de Florida Blanqa
to the Captain General of this province to forward Mr.
DIPLOMATIC CORRESPONDEFCE. 397
Lamb every thing expedient for his embarkation for
Algiers. Mr. Lamb applied to the Captain General for
leave to extract the two thousand pounds sterling, being
his last draft, and which your Excellency, we trust, is
advised of; the Captain General replied, that it was not
within his department to grant the license, and referred
Mr. Lamb to the intendant, who likewise refused, not-
withstanding which, I believe Mr. Lamb, upon the
explanation of his business to the proper officers super-
intending this branch of the revenue, is in hopes of
obtaining a dispensation, and permission to effect the
same. The business remaining in this dilemma, is an
unfortunate period for me to address your Excellency;
however, as Mr. Lamb thinks his expectations pretty well
grounded, I conceive it my indispensable duty to mention
the situation of these affairs, although a few days or
even hours may make a considerable^ alteration in them.
The advanced season renders it very embarrassing to
await the express authority of the court for effectuating
that design ; so that the present course of the business is
deemed the most expedient. It may be impertinent in
me to offer my conjectures on the propriety of proceeding
immediately to Algiers, and making a dependence on the
Count d'Espilly, who has endeavored to convince Mr.
Carmichael that his utmost exertions shall in nowise be
wanting to assist the negotiation, more especially, as Mr.
Lamb is hourly expecting to accomplish his purpose
here. Mr. Harrison, who is bearer of this letter, is as
perfectly acquainted with the progress already made, in
every respect, during our residence in Madrid and the
little continuance here as I myself am, as well as the
councils and designs which have been agitated relative to
398 WILLIAM S. SMITH— JOHN JAY.
Mr. Lamb's mission ; to him, therefore, I refer your Ex-
cellency, in the highest confidence on his judgment and
discretion, as a particular friend of Mr. Carmichael, and
a gentleman who has had an opportunity, on many occa-
sions, of discovering a generous intention to serve his
country.
I shall consider myself entirely devoted to this service,
notwithstanding the stipulation of six months, and shall
remain at Algiers, or elsewhere to accomplish my duty,
unless absolutely directed by your Excellency to return ;
though, perhaps Mr. Lamb may be desirous of my
coming forward with some despatches, in which case, I
shall think myself at liberty of considering in what man-
ner I may be of most service to my country, in complet-
ing my commission and the confidence your Excellency
has done me the honor to repose in me ; as I am not to
consider this as an official letter, I have written with a less
scrupulous caution, than the uncertainty of all events might
render prudent, though I wish to consider myself more a
candidate for your Excellency's particular good opinion,
than as seeking a future employment in the public seryice,
which I find myself very inadequate to at present. In
this full and grateful dependence, I rest with the honor
of naming myself your Excellency's most devoted, &c.
P. R. RANDALL.
FROM PAUL RANDALL TO JOHN ADAMS.
Barcelona, February 25, 1786.
The last letter I had the honor to address to your
Excellency, was of the 17th instant, conveyed by Mr.
DIPLOMATIC CORRESPONDENCE. 399
Harrison, who has resided in Cadiz, I believe, in quality
of Consul, in which I suggested some small difficulties,
embarrassing Mr. Lamb's embarkation ; but as I had not
received intelligence of their removal, until Mr. Harrison
was on the point of setting out, I will supply to your Ex-
cellency, that permission is granted to Mr. Lamb for ex-
tracting the sum of £ 2,000 sterling, out of the kingdom,
upon giving caution to abide the directions of the court
thereupon.
Mr. Lamb has since purchased a vessel, instead of
freighting, which was perhaps rendered necessary, consi-
dering a full quarantine, and that he was demanded half
the price of a small vessel, for the freight of a few months.
In three or four days the vessel will be rendered fit for
sea, at the end of which time, I know of no other obsta-
cles to impede our progress to Algiers. We have no late
intelligence from thence, and are not acquainted, or even
informed, whether the Spanish peace is absolutely con-
cluded or not, though we are in the presumption that it
must be ere this.
My industry should not be wanting in seeking every
occasion to advise your Excellency upon each individual
step, could my services be equal to my intentions, but that
crude information might rather obscure than reflect light
upon the business, especially as we have not always safe
conveyances to command at this distance.
Mr. Jefferson will conclude from Mr. Harrison, that
Mr. Lamb will shortly proceed, therefore it may not be of
much importance to offer this letter for his inspection,
rather than a more unsuspicious method of forwarding it
to your Excellency, enclosed to my brother ; but, as I
conceived it might be in some measure satisfactory to your
400 WILLIAM S. SMITH— JOHN JAY.
Excellency to be ascertained in these trifling particulars
in a business so interesting, I have taken the liberty to
write, and at the same time to evince, that in matters of
more consequence, my attention shall not be wanting.
With great regard, &c.
P. R. RANDALL.
FROM W. S. SMITH TO JOHN JAY.
London May 29, 1786-
Sir,
At the request of Mr. Adams, I have the honor of
forwarding a copy of a letter from Mr. Randall of the
4th instant, from Madrid, and an original from Mr. Isaac
Stephens, a prisoner at Algiers of the 15th of April, ult.
from these your Excellency will conclude that Mr. Lamb's
mission to Algiers has not had the desired effect; by
private letters we are informed, that the smallness of
the sum he was possessed of, for the purpose of forward-
ing his negotiations, was the occasion of its failure; how-
ever, particulars cannot at present be attempted. Mr.
Randall is not very explicit, but promises to be more par-
ticular by the first courier, which we now expect daily ;
notwithstanding the failure and return of Mr. Lamb,
Mr. Barclay proceeds, in expectation of beiqg more
successful at Morocco; the expectation appears to be
founded on what I mentioned to your Excellency in a
letter of the 6th of December, 1785, viz: a great differ-
ence of character between the Dey and the Emperor and
much in favor of the latter. However, the benevolence
of his heart, aided by an attention to his religious char-
DIPLOMATIC CORRESPONDENCE. 401
acter, may operate in favor of Mr. Barclay's proposals, I
imagine we shall ultimately find it necessary, to offer up
larger sums, than we at present dare think of, before our
flag will be permitted to pass unmolested in those seas.
I shall not animadvert on this subject, lest my pen should
proceed with too much warmth and discover too strongly
that my late professional feelings are not yet sufficiently
curbed.
With great respect, &c.
W. S. SMITH.
FROM P. R. RANDALL TO JOHN JAY.
Madrid, May 4, 1786.
I should have addressed your Excellency long ere
this, since my arrival from Algiers, but being in expecta-
tion of bringing on Mr. Lamb's letters, was entirely with-
out suspicion of the many impediments which retarded
my progress thus far. Mr. Lamb must undoubtedly have
given your Excellency the reasons of sending me from
thence; and, however repugnant to my inclinations, I
must be necessitated to submit to his express desire, as
he might otherwise have left it in a Spanish brigantine,
and have given me the charge of his vessel to convey me
to Marseilles. I therefore preferred the alternative of
attending the Count d'Espilly's Secretary, in the hopes
of obtaining a release from quarantine, with himself, but,
by an unfortunate concurrence of circumstances, I was
detained twenty-two days, and was obliged to go from
Alicant, where the vessel had arrived, to Carthagena,
whither she was sent to perform her quarantine. I en-
VOL. v.— 51
402 WILLIAM S. SMITH— JOHN JAY.
deavored to reach Madrid, with all possible despatch, after
my discharge. Here I find that Mr. Lamb is returned
to Alicant, with the intention of coming to Madrid imme-
diately ; the information, therefore, that I might have
conveyed of the situation of affairs upon my leaving Al-
giers, must be rendered of very little consequence, by the
lapse of time, and such change as has made his withdrawal
necessary, which, most unquestionably, your Excellency
must be advised of. In this I am not allowed to judge, as
Mr. Lamb had given me no instructions of what informa-
tion I should be the bearer of on his part, I think myself
bound, and by the opinion of Mr. Carmichael, am deter-
mined to await the arrival of Mr. Lamb, and be governed
by future instructions and circumstances. What observa-
tions I have been able to make in my short stay there,
shall be transmitted to your Excellency by the first safe
occasion, being in hopes a courier will set out shortly,
which must arrive before I can travel to London, al-
though I have disencumbered myself from my baggage.
Mr. Carmichael was acquainted as soon as I could possi-
bly write, with every thing I could be possessed of re-
specting Algiers. However, I shall be as particular as
my memory will serve. On this, and all other occasions,
I am entirely devoted to the service of my^country, and
am most particularly your Excellency's most humble
servant,
P. R. RANDALL.
DIPLOMATIC CORRESPONDENCE. 4Q3
FROM W. S. SMITH TO JOHN JAY.
London, May 10, 1786.
Sir,
I did myself the honor of addressing your Excellency
on the 6th of December, ult. ; the day of my arrival
from the continent, which I hope came safe to hand.
Among other observations, I touched a little on South
America, having at that time some reason to suppose,
that the affairs of that country were coming to a crisis,
I imagined we could not, too early keep an eye to it, not
only in expectation of deriving great advantage from a
commercial intercourse, but that we might be guarded
against the possibility of being drawn in as a party. I
am now fully informed of the designs of some leading
'characters in that country, in such a way, that I cannot
doubt of their intentions of attempting to throw off the
Spanish government, there is a gentleman here on the
business from that country, he has had a conference with
the King and the Ministers of State, he asks for a supply
of warlike stores and ammunition, giving assurances that
the inhabitants of that country are ripe for a revolt
and ready for such decisive declarations and conduct, as
will enable them with propriety to seek for and form
foreign alliances ; he holds it out as a subject worthy of
the attention of this court, on the ground of retaliation,
and the advantages which that country will have in its
power to grant in commercial arrangements, in return
for which national countenance and protection may be
afforded them. Mr. Pitt's opinion is, that the nation is
not in a state to enter upon so hazardous an enterprize,
particularly, as treaties between Spain and other courts.
404 WILLIAM S. SMITH— JOHN SAY.
guaranty that district of country to the Spanish govern-
ment, and that it would be highly ridiculous for this
nation at any period, and more particularly at this, con-
sidering the state of its finances, to take up the cause of
a people, whose character, had not yet commanded the
attention sufficiently, to enable foreign nations to form
decided opinions respecting them. They are, however,
of opinion, that the supply may be made by private con-
tract, so as to be actually the speculation of individuals,
and the people have the same chance of making their
experiment. When, if their character and determination
should appear in those strong lines, which their agents
hold up, it will be a period sufficiently early to make it a
subject of national consideration. Upon this ground it
now stands, and the Marquis of Buckingham, as an indi-
vidual, is on the point of forming a contract for the pur-
pose. However, I expect to be able to give your Excel-
lency further information on this subject. There will be
no means left unattempted, to make use of the enterprizing
spirit of the people of Kentucky, whose confined situa-
tion may possibly induce them to listen to proposals on
this subject, in expectation of a lucrative commerce, and
a free navigation of the Mississippi. Thg settlement, if
I am rightly informed, is composed of men from the mid-
ling and lower classes of life, some of desperate fortunes
and most of daring and enterprizing tempers, their numbers
and situation, may not be unworthy the attention of Con-
gress, and with submission, I suppose, that if one or
two men of integrity and ability, capable of forming a
just opinion of, and ingratiating themselves into the good
opinion of the people, were sent amongst them (not as
ostensible public men) great advantages might arise from
•
DIPLOMATIC CORRESPONDENCE. 4Q5
it; or at least there would be a possibility of their checking
any improper career, and perhaps of convincing that peo-
ple, that time and patience, will remove all the incon-
veniences which they at present labor under, without
their committing themselves, to the tumult and uncertain-
ty of war, particularly injurious to new establishments,
and subversive of those systems on which the prosperity
of their settlement depends, viz : agriculture and com-
merce; their situation must be embarrassing, and this em-
barrassment, will increase in proportion to the growth of
the settlement and the extension of their agriculture, and
it appears to me that there are but two channels through
which they can obtain such communications as is neces-
sary for their support ; the one is by removing the ob-
structions, to the navigation of the Mississippi, and the
other by pressing a speedy communication by an inland
navigation with the head waters of the Potomac, the
former will in some measure, detach that people rather
too much from, and the latter particularly connect them
with, the United States.
This subject has been touched to me several times,
but fully convinced that a war cannot upon a speculative
system, be the object of my country, 1 have listened with
great attention, but replied with superior caution, con-
ceiving it, to be a point in which an American, and par-
ticularly one in a public station, should treat with the
utmost delicacy and caution ; should I be able to gain
any thing further on this subject I shall take the liberty
of making the communication.
With the greatest respect, &tc.
W. S. SMITH.
406 WILLIAM S. SMITH^TOHN JAY.
FROM THOMAS BARCLAY TO MESSRS. ADAMS AND
JEFFERSON.
Mogador, June lOtli, 1786.
Gentlemen,
I arrived here after an agreeable passage of five days,
and was very well received by the Governor and by the
people, who seem pleased to see persons from a country
at so great a distance, come to compliment their Sove-
reign. As the Governor had no orders concerning our
going forward, I was obliged to send a courier to Morocco
to demand that permission, and, at the same time, write
Mr. Chiappi, at that place, desiring him to lay my re-
quest before the King, that no greater guard might be
sent here than would be sufficient to render the road
safe and the journey comfortable ; to this letter an answer
was returned the day before yesterday, that the King
desired that I might depend on a most gracious recep-
tion, and yesterday the Governor of Morocco, with thirty
soldiers, arrived here to conduct us to court. His Ma-
jesty wrote to the Governor of Mogador to furnish me
with everything I wanted, and to send me from hence,
satisfied, and has given orders at two placets on the road,
that we may be furnished with his own mules.
The Governor of Mogador was so polite, as to request
I would return on board the vessel, to give him an op-
portunity of receiving us at the head of his soldiers, and
has since proposed making an entertainment in the coun-
try, but I declined both offers, on account of the parade
and the unavoidable expense that would have attended
them. It is in vain to be troubling you at present with
any opinion about the probability of our success, which.
DIPLOMATIC CORRESPONDENCE. 4Q7
indeed, I think somewhat uncertain, there are some
prejudices to be obviated, and one matter of moment
stands in the way. We have fixed on the day after
to-morrow for our departure, and shall, as soon as possi-
ble, have the pleasure of addressing you from Morocco.
In the meantime, I am, with the greatest esteem, &c.
THOMAS BARCLAY.
FROM W. S. SMITH TO JOHN JAY.
London, June 14, 1786.
Sir,
I was honored by the receipt of your Excellency's let-
ter of the 4th May, the last evening. I must acknowledge
myself much obliged by your polite remarks on mine, of
the 6th December. To have my conduct approved by
you, sir, affords me particular satisfaction, and must give
a spur to my pursuits, which, if I know my own heart, has
always had the good of my country in view, as the prima-
ry essential object. The attention of this nation has been
for some time taken up with the trial of Warren Hastings,
Esq., late Governor-general of Bengal, before Parliament;
and between twelve and one last night it was brought to a
period, and he now stands impeached by a majority of
thirty-six, for his conduct during his administration of the
government. The treaty between France and England,
relative to an exchange of certain articles of produce and
manufactures, I believe is in some degree of forwardness.
The bills passed and before Parliament, relative to the
suppression of distilleries, in this and the kingdom of
Scotland, seems calculated to open the door to the admis-
408 WILLIAM S. SMITH— JOHN JAY.
sion of French wines and brandy ; but I think there must
some inconvenience arise from its operation, for it will
of course affect, in some degree, the malt liquors, &c. &c.
which is a vast source of revenue, but it may be made up
by opening an outlet to their manufactures, which at pre-
sent lie heavy on their hands; in short, I believe they
will do any thing rather than turn their thoughts to our
country, until they are fairly convinced that we can
bring our government to operate under Federal influence,
which the curious policy of my native State still leaves
them room to hope will not be the case. I am happy to
find by your Excellency's letters to Mr. Adams, that the
next legislature may be expected to move upon a more
dignified scale ; indeed, I am at a loss to discover the
points which could, in the last session, have influenced
their decisions. The plan of the Marquis of Bucking-
ham, as mentioned in mine of the 10th of May, is at pre-
sent in check, or at least it has not yet operated any
further ; they have had a meeting on the subject, and the
proposals are left with him, but I have not yet received
any information of his having returned or replied to them;
should I gain any information further on this subject, I
shall make the earliest communication. *
With great respect, &c.
W. S. SMITH.
FROM W. S. SMITH TO JOHN JAY.
London, June 15, 1786
Sir,
In a letter of yesterday's date, I mentioned to your
Excellency, that the Parliament had decided on the
DIPLOMATIC CORRESPONDENCE. 409
affairs of Mr. Hastings, by a majority of thirty -six in favor
of his impeachment ; but the decision is in these words :
" that it is the opinion of this committee, that there is con-
tained in the third charge against the conduct of Warren
Hastings towards Cheet Sing, sufficient grounds of crimi-
nality for impeachment ;" notwithstandiug which, it is
the general opinion, he will not be impeached ; for,
however the feelings of a proportion of this nation may
revolt at and discountenance severity and oppression,
still I believe it to be so absolutely necessary towards
forwarding the views of the King and the present admin-
istration, that they will exert every nerve to shelter him
from injury. Mr. Pitt's conduct on this and several other
occasions, has something unfathomable in it, and it is a
subject of much speculation ; his private virtues are held
up to view, and the people are pleased with them ; but
there is reason to suppose that he is perfectly at the
service of royalty, sub rosa ; some few are of opinion
that he is tottering, but the circumstances which lead to
this opinion, are, of necessity, confined to so small a
circle, that it is almost impossible for any one out of it,
to collect matter sufficient to decide upon.
I have the honor to be, &c.
W. S. SMITH.
FROM JOHN JAY TO W. S. SMITH.
New York, September 5, 1786.
Dear Sir,
My letter to you of the 4th May, mentioned the receipt
of yours of 6th December last, and that I had commu-
nicated it to Congress.
VOL. v.— 52
410 WILLIAM S. SMITH— JOHN JAY.
I have since received yours of 29th May, covering
the papers mentioned in it, which were also laid before
Congress.
On the 1st of last month, yours of the 10th May, was
delivered to me. I am at a loss whether this letter was
intended to be public and official or private and confiden-
tial, and as those doubts still exist, I think it my duty not
to communicate it to Congress; as this letter goes by the
packet, it would not be prudent to dwell on particulars.
Be so kind, however, as to inform me whether that letter
was official, and consequently intended to be laid before
Congress, or not. To avoid the like doubts in future, write
the word official at the top of each letter that you mean
to be so. The information and the remarks in that letter
are interesting, and it gives me great pleasure to observe
and receive such marks of your attention to the interests
of our country. The subject is important to us, and I
wish to learn whatever intelligence you may collect
respecting it. Care, however, should be observed to
transmit it in such a manner as to guard against dis-
covery.
I was this morning favored with yours of the 15th June
last, and have communicated it to Congress.
The public papers announce your marriage ; accept
my congratulations on the occasion; it is a circumstance,
which, independent of other pleasing considerations, must
tend to render your official relation to Mr. Adams particu-
larly agreeable and convenient to both.
I am, with sentiments of esteem, &c.
JOHN JAY.
DIPLOMATIC CORRESPONDENCE. 41 1
FROM W. S. SMITH TO JOHN JAY.
London, July 5, 1786.
Sir,
In a letter of the 14th of June, I mentioned that the
plan of the Marquis of Buckingham, as stated in the one
of the 10th of May, was in check. They have taken a
vast deal of pains to get an American merchant here to
undertake their business for them, and ship on his own ac-
count, the arms, ammunition and warlike stores, required
to South America. I say on his own account — but mo-
ney was to be lodged with him for this purpose. He met
the Marquis and the other gentlemen, by their appoint-
ment, and the last meeting was closed by his informing
them that he should not undertake the business ; they
are now a little at a loss, for a point to which they ap-
peared particularly attached has failed them, that is, of
getting a citizen of North America to be the ostensible
character. I do not like the appearance of this, and
seriously think we cannot be too much on our guard
against the politics of this court, for I believe them to be
malicious and revengeful. I imagine the next place
where their attempts on this subject will show themselves
will be among the settlers on the Mississippi. It will be
a favorite point gained with them, if they can make use
of Americans of the north, as a masked battery, under
cover of which they may prosecute their designs ; but I
hope we shall have too much wisdom to be made the
tools of their ambition. It is true I wish the South
Americans free, but I should be vastly distressed to see
my country plunged into a war on their account, particu-
larly, as we have it in our power to avoid it, without
41& WILLIAM S. SMITH— JOHN JAY.
throwing any obstacles in their way, should liberty be their
pursuit.
Enclosed, I have the honor of forwarding a copy of a
letter, (at the request of Mr. Adams) which was received
last night from Mr. Barclay at Mogador.
With great respect, &c.
W. S. SMITH.
FROM THOMAS BARCLAY TO MESSRS. ADAMS AND JEF-
FERSON.
Morocco, July 16, 1786.
Gentlemen,
I wrote you on the 26th of last month, and expected
to have followed my letter in a week, but several un-
foreseen matters have hitherto detained us, however, I
expect we shall set out to morrow or the day following.
The 13th instant the treaty was sent to me by the
Effendi, since which some unfortunate alterations have
been made, which the villainy and carelessness of the
Talbe Houdrani (to whom the drawing was committed)
made necessary ; and yesterday it was again delivered
from Tahar Fennish, to whose hands trfc King committed
the arrangement of the matter. It still wants an addi-
tional article, or rather a declaration which his Majesty
has permitted to be made in his name, but which he
desired might not make a part of the treaty. When this
is done it will stand as I described it in my last letters, viz :
" there is one article more I wish to see inserted and that
I think will never prove of any consequence." When I
send you the treaty, it will be necessary to accompany it
DIPLOMATIC CORRESPONDENCE. 4J3
with some remarks with which I will not now trouble
you, and the only one I shall make is, that the King,
throughout the whole has acted in a manner the most
gracious and condescending, and I really believe the
Americans possess as much respect and regard as does
any Christian nation whatever. If you should think my
services at Algiers, Tunis or Tripoli necessary, I hope
your commands will meet me in the south of Spain, for
after returning to Paris, it will be utterly impossible for
me to engage further in the business. A peace with the
Barbary powers is absolutely essential to the commerce
of our country, and I think a general one might be made,
notwithstanding the impediments that appear. The
Emperor has ordered five frigates on a cruise in the
Atlantic ocean. He is now at peace with all the world,
except Russia, Malta, Hamburg and Dantzic. A treaty
with the first of these powers was concluded on, and the
articles drawn, but it was afterwards broken off". The
Emperor complains much of the treatment he received
from England; and Mr. Duff, who came here sometime
ago, as pro-Consul returned the other day before we
arrived, highly offended at his reception, the Emperor
having refused to receive the letter which Lord Sidney
wrote, saying, he would read no letters from England but
such as were written by the King. I had a letter yester-
day from Mr. Carmichael and was in great hopes it would
have covered one from you, but I am hitherto without
the pleasure of hearing from you.
I am gentlemen, &c.
THOMAS BARCLAY.
London, September 1, 1786, > ,17 c
True Copy JW< S'
414 WILLIAM S. SMITH— JOHN JAY.
FROM W. S. SMITH TO JOHN JAY.
London, August 7, 1786.
Sir,
I have the honor to inform your Excellency that Mr.
Adams set off on the 3d instant for the Hague, to ex-
change the ratifications of the Prussian treaty, which he
received with your last despatches. My last letters from
the continent say, that " the accounts of the King of
Prussia are such, that we may expect his exit soon; he is
like the snuff of a candle, sometimes seeming to be out,
then blazes up again for a moment; it is thought here that
his death will not be followed by any immediate disturb-
ance of the public tranquillity, that his kingdom may be
considered as a machine, which will go of itself a consi-
derable time, with the winding up he has given it; besides
this, he has for sometime employed his successor in his
councils, who is endeavoring to possess himself of, and to
pursue his uncle's plan of policy." The affairs of the
United Provinces, at this moment, do not wear so tran-
quil an aspect ; the members of the aristocracy, having
made use of the republican party to check the growing
power of the Stadtholders, were on the point of compos-
ing themselves after their success, but the republicans
now say to the aristocrats, we have €xerted ourselves to
secure to you your rights, now let us have our own de-
fined, that every cause of uneasiness between you and us
may be removed ; to this, hitherto, silence has been the
only reply, but the republicans are said to be determined
to pursue their proposition ; every one acquainted with
the nature of their government, must know, that instead
of its being republican it is perfectly aristocratic, and
DIPLOMATIC CORRESPONDENCE. 415
that considerable alterations must take place (if any
are admitted) before the republican party will say I am
satisfied, our station and rights in the government are
now made sufficiently clear ; the government of that
country, from the revolution to the present period, having
been regularly handed down through particular families,
accustomed to rule separately from the mass of the people,
it is supposed will with great reluctance, give up any of
their ancient privileges to satisfy the republicans ; in the
pursuit and defence of this proposition, further commo-
tions in that government are expected to take place, the
monied men of that country, within a very short space of
time, have purchased to the amount of one million ster-
ling in the stocks of this kingdom, apprehensive of con-
fusion, which may in some measure account to your
Excellency for the amazing rise in them which has lately
taken place, and which you will notice by the public
papers which accompany this. The nation are delighted
with the high price of the stocks, suppose it to proceed
from the wise arrangements of the Minister, and the well
regulated commerce of the country. You will further
observe, that Mr. Jenkinson, the steady, avowed enemy
to our country, is raised to the house of Lords, his influ-
ence is hereby shewn, and America cannot be at a loss
to decide on the systems of this court respecting her,
while that gentleman receives promotion and continues in
favor.
I enclose your Excellency a pamphlet lately published,
great pains have been taken to give it an extensive circu-
lation; the preface bears particularly hard on the character
of my native State, and I cannot help thinking, is design-
ed to rouse the temper of this nation against my country
416 WILLIAM S. SMITH— JOHN JAY.
at large. I cannot refrain from lamenting to your Excel-
lency, that they have in so many instances, been fur-
nished with such grounds for complaint ; the existence of
some o those laws in the State of New York, and
similar ones in other States, in a great degree stop the
mouths of our friends here, and give our enemies full
scope to censure and abuse, they are held up as a barrier
to a treaty and further connexion ; and thus justify their
own breach of faith in the retaining the posts on these
grounds ; how far it might be proper for us to make
experiments on the opposite scale, it will rest with the
several States to determine; for myself, I am clearly of
opinion, that a strict attention to treaties and a faithful
discharge of national obligations, is the sure road to
national respectability.
By the enclosed paper, your Excellency will observe
that on the 2d instant, as the King was getting out of his
chariot at St. James', an attempt was made upon his life
by a woman; her case is not yet decided upon, it has pro-
duced a considerable sensation, and is a subject of much
conversation and conjecture.
I am yours, &c.
W. S. SMITH.
FROM JOHN JAY TO W. S. SMITH.
New York, November 2, 1786.
Dear Sir,
I have been favored with yours of the 7th August, and
immediately communicated it to Congress.
The pamphlet which you were so obliging as to enclose
DIPLOMATIC CORRESPONDENCE. 417
with it, exhibits a number of facts, which I wish did not
exist. It now lays on the table of Congress, together
with my report on the British list of grievances.
The Rev. Dr. Provost, whom the Episcopalian con-
gregations of this State have elected for their Bishop,
will be the bearer of this, and of a large packet for Mr.
Adams, who I hope will have returned to London before
the Doctor's arrival. If, however, he should be still ab-
sent, be pleased to open his despatches, and send on those
for Mr. Jefferson, in the manner hinted in my letter to
Mr. Adams.
With great respect, &c.
JOHN JAY.
FROM W. S. SMITH TO JOHN JAY.
London, August 23, 1786.
Sir,
I had the honor of addressing your Excellency on the
7th inst., by Capt. Mesnard, bound for New York, and
by the same conveyance, I forwarded the public papers,
containing the proceedings and debates in Parliament, at
the close of the session, which I hope will meet with a
safe conveyance.
On the 5th July I forwarded a copy of a letter from
Mr. Barclay, at Mogador, and now have the honor of
forwarding a copy of one received this morning from
Morocco, of the 26th June. Mr. Adams not being pre-
sent, I shall make every necessary communication on this
subject to Mr. Jefferson, at Paris, by the evening post.
With great respect, &c.
W. S. SMITH.
VOL. v.— 53
418 WILLIAM S. SMITH— JOHN JAY.
FROM T. BARCLAY TO MESSRS. ADAMS AND JEFFERSON.
Morocco, June 26, 1786.
Gentlemen,
This day week we arrived here, since which 1 have
had two audiences from his Majesty, the first a public
one, and the second a private one of yesterday. It is but
a few minutes since I heard that a courier would depart
this evening for Daralbeyda, and I have not time to enter
into particulars. It will be agreeable, however, for you
to know that the last draft of the treaty is made, and will
probably be signed in a few days, and that our stay here
will not exceed that of a week from this time. I believe
you will be satisfied on the whole, as there is only one
article more I would wish to see inserted, and that, I
really think, in all human probability, will never prove of
the least consequence.
I shall proceed to Tangier, and take an early opportu-
nity of sending you a more detailed account of my pro-
ceedings; in the mean time, I recommend your transmit-
ting, as soon as possible, through Mr. Carmichael, the
powers to treat with Tunis and Tripoli, and (if Mr. Lamb
has declined all further concern) for Algiers. If you had
a treaty with the Porte, I flatter myself the rest would
follow, and at all events Tunis and ^Tripoli should be in-
vited to our friendship.
There is a young man now under my care who has
been a slave sometime with the Arabs in the desert ; his
name is James Mercier, born at the town of Suffolk, Nan-
semond county, Virginia. The King sent him after the
DIPLOMATIC CORRESPONDENCE. 419
first audience, and I shall take him to Spain. I have not
time to add, but that I am Gentlemen,
With much respect, &,c.
THOMAS BARCLAY.
, TrAuec(W- I W. S. SMITH.
London, August 23, 1786. $
FROM W. S. SMITH TO JOHN JAY.
London August 20, 1786.
Sir,
I have the honor of forwarding to your Excellency the
public papers from the 10th to the 24th inclusive. The
paragraph of the 10th under the London head ; struck
me as combining several points too well, " ad captandum
vulgus, " to be the product of a common scribler. I
therefore endeavored to trace its origin, for this purpose,
a friend acquainted with the printer, passed a few minutes
in his shop, and on reading the paper, raised doubts as
to the authenticity of the paragraph, and expressed his
astonishment, that he, (the printer) should take upon him-
self such assertions without sufficient authority, particu-
larly as the subject was of national concern, and could
not be handled with too much delicacy. Mr. Almon
warmed at the charge, and said, if he had not believed it
to be true, he should not have published, for he was well
aware of the importance of the subject, but that he stood
perfectly acquitted on that point, for he had the substance
of it personally from Mr. John Wilkes, and there was no
doubt on his mind of the facts existing ; the part relative
to Mr. Adams, your Excellency must know is without
420 WILLIAM S. SMITH— JOHN JAY.
foundation, that respecting the capture of our ships in
the West Indies, you must be better acquainted with than
I am ; but the mutability of courts and the flexible
politics of Ministers as held up in the third, may perhaps
(not impossibly) lead us to view the conduct of the court
of France in case of a rupture between us and this king-
dom, as a thing at least -possible. I make this communi-
cation, as in many cases the public papers are made use
of by the Ministry to collect the general opinion, on sub-
jects they may have in view ; and this particular para-
graph coming from the circle of the court, I thought
might not be unworthy of your perusal, though it may
appear strange when coming from Mr. Wilkes as the
King's friend, amongst which class, he has for some time
past, taken his station. In the absence of Mr. Adams
it becomes my duty to make every communication which,
in my opinion, may be of the least service to my country;
upon this principle your Excellency will excuse me, if I
should trouble you with minutiae. From the earliest mo-
ment, that I had an opportunity of attending to their
public proceedings, and the conduct of their officers,
subsequent to the preliminary articles of the peace, and
during a residence at New York, superintending the evac-
uation, &c. I was fully convinced, that this government
was under the most pressing necessity to sign that, and
the definitive treaty ; on the first view of it, it shews a
liberality and intention of policy, which if properly pur-
sued, would soon have relieved both countries from the
inconvenience they labor under, from the expence and
calamities of the war. With this impression your Excel-
lency must suppose, I viewed with astonishment, the con-
duct of their officers, so diametrically opposite to the
DIPLOMATIC CORRESPONDENCE. 421
ostensible spirit of the treaty, but it was so evident to me
at that time, that I did not hesitate to declare, by letter
to General Washington, that a breach of treaty was their
object. This they have, in my opinion, since sufficiently
shewn, and have been steady in the pursuit of a favorite
object, viz: another war with us, independent of our
allies, the first question which will arise on this subject,
is, what can be their object in a war with us ? The
simplest answer which occurs tome at present is another
treaty; wherein, they without doubt flatter themselves,
they will be able to make some better provision for their
loyalists and embrace more of the trade of the back
country, than if they were quietly to regulate themselves
by the articles of the late treaty. In a conversation the
day before yesterday with the commanding officer of the
guards (whose duty is in the palace, and about the person
of the King, and of course in the way of forming his opi-
nions on the current opinions of the court)" on the subject
of the frontier posts and the boundary line (which appear
to be coming forward as a subject of consideration) he
gave me to understand, that the fur trade was considered
of vast importance to this country, and upon my getting
the map, and pointing out the course of that trade, and
the particular situation of the posts which ought to be
occupied by each, agreeably to the articles of the peace,
and endeavoring to convince him that they would by no
means be excluded from the trade of the natives, he said,
" Damn it, I don't know any thing about it, only that
the gentleman who made that peace is said to be a fool,
and not only overreached in the making of the treaty, but
totally unacquainted with the geography of the country
he gave away, and of the importance of the trade of it,
422 WILLIAM S. SMITH— JOHN JAY.
to his own, and that he did not believe the posts would
be given up without some further explanation ;" but my
good sir, replied I, what becomes of the faith and honor
of your nation, pledged for the fulfilment of that treaty in
this case. He swore he knew nothing about it, but this
was the talk amongst them. I was satisfied with his can-
dor, but did not think proper to put it to a further test.
It may not be improper to examine their ability on the
subject of another war. They have, with some address,
made the establishment of a colony on our left hostile to
our country and governments ; in making this lodgment,
they also take care to make very considerable deposites of
warlike stores and ammunition. They have, in addition to
the regular military regiments, which accompanied them,
since made some reinforcements, and they feel themselves
in some degree competent to the defence of their territo-
ries, while they trust to their fleets to carry on a maritime
war, as of itself calculated to produce every effect they
wish. The minister has bent the whole force of his abili-
ties to the payment of the navy debt of the last war,
which he has accomplished of course, notwithstanding the
immense debt of the nation, administration have a re-
source should they choose to step forward with naval hos-
tilities, for, on the credit of the navy bills, they can run
into war, to the tune of eight, ten, or twelve millions.
Without making it a parliamentary question, or commit-
ting themselves to their debates for supplies, it will be
answering their ends full as well to let the ways and means
be pointed out for the absorption of the debt after it is
contracted, as to make it a national question in the first
instance. Indeed much better, for in case that the ques-
tion should be brought forward in the first instance, the na-
DIPLOMATIC CORRESPONDENCE. 423
tion at large, I believe, would revolt at the idea of another
American war, unless government could hold out some
irritating ostensible reason at once to justify their inten-
tions, and to exasperate the nation. Indeed I have some
doubts whether the people at large would at present sub-
mit to it on any principle, but it can do no injury for us
to attend closely to their proceedings and hold ourselves
as guarded as possible. I still seriously think that we
have it in our power to regulate the system of this court,
that is, if we have the power amongst ourselves of
bringing our federal abilities to a point of dignified opera-
tion. Their present pursuits not being friendly and per-
haps hostile to us is founded on our supposed disunion,
and the want of those federal systems which is necessary
to check and counteract their plans. We promise our-
selves (here) much from the revision of the laws of the
particular States, and the wisdom of the commercial con-
vention, which I am informed is to meet at Annapolis in
the course of next month. The first, if it should lessen
the pressure on the loyalists, will shake their settlements
in Nova Scotia, and the last have it decidedly in their
power to lay the foundation of a liberal commercial treaty,
in some degree essential to the trading interests of both
countries. Mr. Bond, a young gentleman from Philadel-
phia, is to be appointed to reside there in quality of com-
mercial agent, his commission is not yet made out, so that I
am not clear as to his title, line of duty, or appointments;
but I expect in a few days, to be able to give your Ex-
cellency a fuller account respecting him and his pursuits;
in the mean time, you will excuse the length and freedom
of this, and believe me, your Excellency's most obedient
servant. W. S. SMITH.
424 WILLIAM S. SMITH— JOHN JAY.
From the General Advertiser, London, Aug. 10, 1786.
The state of the United Provinces may be truly said
to be very alarming. A civil war there is looked upon as
inevitable. The aristocratic party have been supported by
the court of France, against the Prince of Orange. On
the contrary, the Prince has received marks of friendship
from his relations, the Kings of England and Prussia.
But there has very lately, a third party started up in
Holland, this is the democratic. This party seems to
declare strongly against the aristocratic ; but, however,
is not in favor of the Prince. The commotions and fears
occasioned by these divisions, are the true causes of the
late rise of our funds; for the monied people in the
provinces, dreading the consequences of these divisions,
have sent their property here to be vested in our stocks.
The dispute between this country and America, is
unquestionably become exceedingly serious. Mr. Adams,
the American Minister at our court, is gone. His return,
whatever may (for certain reasons) be said, is neverthe-
less very doubtful. His declaration to the Secretary of
State, before he went, viz : " That if the forts in the
back settlements were not given up to Congress according
to the terms of the treaty, he had it in charge from Con-
gress to say, that America mould most assuredly make
REPRISALS upon the British trade in North America, and
in the West Indies." This declaration means, and says
too much, to be treated like former declarations from the
same hand, with cold indifference.
It is also a fact, that a considerable number of Ameri-
can ships and vessels, have lately been taken by the
British cruisers in the West Indies. And it is equally
DIPLOMATIC CORRESPONDENCE. 425
true, that the French have likewise lately taken a con-
siderable number of American ships and vessels, near
their islands in the West Indies.
So true is the mutability of courts, and so flexible are
the politics of Ministers, that in case of a rupture between
Great Britain and America, which is considered as
unavoidable, it may, upon as good foundation, as it is
possible for human wisdom to divine, be asserted, that
France will be perfectly neuter in the dispute.
France will, however, most probably exceedingly
rejoice at a quarrel between England and America. And
there is not a doubt that Mr. Eden and the Duke of
Dorset, have sent the strongest assurances from the
French Ministry, that the court of France will take no
part in it. France undoubtedly sees, by this time, that
her interference in the late American war was unneces-
sary, and expensive to herself. She is now satisfied and
convinced, that England can never make an internal im-
pression upon America ; and therefore, that she need not
give that assistance, which she once thought America
wanted. It is a fact, with which our Ministers are not
unacquainted, that the present politics of the French
cabinet are, to observe a strict neutrality, in whatever
relates to Great Britain and America.
There are two parties in America, as well as in Eng-
land ; but there is a wonderful difference between them.
In America the parties are, one violent for a rupture with
England, on account of not delivering up the the forts in
the back settlements; the other party is moderate, and say,
that before they quarrel with England, they ought to
cast the beam out of their own eye, which figurative ex-
pression, alludes to the non-payment of their debts ; and
VOL. v. — 54
426 WILLIAM S. SMITH— JOHN JAY.
if they had permitted this subject to remain as a private
matter between individual and individual, no notice in a
national sense could have been taken of it ; but the legis-
latures of Carolina and New York, having passed laws
to make such refusals legal, notwithstanding the words of
the treaty are, " That the creditors on either side, shall
meet with no lawful impediment to the recovery of all
bona fide debts, heretofore contracted." The non-pay-
ment became, from the moment of passing these laws, a
national question ; and therefore the moderate party say,
that whenever the treaty is fulfilled on their part, and
is not at the same time fulfilled on the part of Great
Britain, that war is both proper and necessary. This is
the true state of parties in America.
In England the state of parties, upon the American
question, is this : The court, that is the interior cabinet,
are certainly for a war with America ; and they believe,
to a certainty, all the assurances they receive from France,
of the neutrality of that power. These form one party ;
the other party is the people at large, who are perfectly
asleep. The tricks of a lunatic, the size of a hat, or
the cut of a coat, are subjects which engage the public
attention more ardently, than the blundering dash of a
Minister's pen, which may involve two nations in blood.
We have thus related the state of the dispute with im-
partiality and accuracy. The public will judge for them-
selves on the principle of right.
DIPLOMATIC CORRESPONDENCE. 427
FROM W. S. SMITH TO JOHN JAY.
London, August 26, 1786.
Sir,
I have only time to forward the enclosed note to your
Excellency, its contents may be depended upon, though
it will not be made public here for two or three days.
With great respect, &c.
W. S. SMITH.
Mr. - presents his compliments to Colonel
Smith, and begs leave to acquaint him, that the King of
Prussia is at last most certainly dead ; two expresses are
come to London with the news of this event, which
happened on the 17th instant. Best compliments to
Mrs. Smith.
August 36, 1786.
FROM W. S. SMITH TO JOHN JAY.
London, September 1, 1786.
Sir,
I had the honor of forwarding to your Excellency, on
the 23d ult. via Boston, a copy of a letter from Mr.
Barclay, at Morocco, of the 26th June, a duplicate of
which accompanies this. I now enclose a copy of another
from the same gentleman, dated, Morocco, July 16th,
which I shall also communicate to Mr. Jefferson, by the
first conveyance. During my tour on the continent the
last season, I formed an acquaintance with a Mr. Led-
yard, a gentleman from Connecticut, who accompanied
Captain Cook in his last voyage to Karatsckatka j he
428 ' WILLIAM S. SMITH— JOHN JAY.
was about offering his services to the Empress of Russia,
for exploring the western coast of America, which it is
the received opinion is not very distant from the back
parts of Siberia and the place above mentioned ; he has
been disappointed in his pursuits, notwithstanding, in
Paris he was much countenanced and protected by Mr.
Jefferson and die Marquis de la Fayette, in his negotia-
tions with the Russian Ambassador, &c. &c. after meet-
ing with various impediments, he gave up all thoughts
of bringing the subject to that beneficial point of opera-
tion which he at first expected, and, in consequence of
some allurements from an English nobleman at Paris, he
came here with an intention of entering into the service
of this country, for the purpose of visiting and exploring
that coast and country. Upon being acquainted with his
pursuits, I endeavored to convince him, that it was his
duty, as an American citizen, to exercise his talents
and industry for the immediate service of his own coun-
try, and if the project he was upon could be beneficial
to any, his country, upon every principle, was entitled to
those services ; after a few observations on the subject,
he consented to move independent of this court, and a
vessel being on the point of sailing for that coast, after
supplying himself with a few necessary articles for his
voyage and march, he procured a passage, with a promise
from the captain to land him on the western coast, from
which he means to attempt a march through the Indian
nations, to the back part of the Atlantic States, for the
purpose of examining the country and its inhabitants,
and expects he will be able to make his way through,
possessed of such information of that couiitry and its
produce, as will be of great advantage to ours ; this is to
DIPLOMATIC CORRESPONDENCE. 429
be proved, it is a daring, wild attempt, and I have ray
doubts of his success, but finding him determined to pur-
sue the subject, I thought he had better do it in the way
he now is, than bind himself in any manner to this people;
he embarked the last week, free and independent of the
world, pursuing his plan unembarrassed by contract or
obligation ; if he succeeds, and in the course of two or
three years should visit our country by this amazing
circuit, he may bring with him some interesting informa-
tion, if he fails and is never heard of, which I think most
probable, there is no harm done, he dies in an unknown
country, and if he composes himself in his last moments
with this reflection, that his project was great and the
undertaking what few men are capable of, it will, to his
mind, smooth the passage. He is perfectly calculated
for the attempt, he is robust and healthy, and has an
immense passion to make some discoveries which will
benefit society and insure him, agreeable to his own
expressions "a small degree of honest fame." The
vessel sails round cape Horn bound to Nootka Sound in
the Pacific ocean, situated on the north west coast of
America in lat 49° north ; at this place he intends to land
and begin his march nearly a south-east course. It may
not be improper for your Excellency to be acquainted
with these circumstances, and you are the best judge of
the propriety of extending them further.
I am, with the greatest respect, &c.
W. S. SMITH,
430 WILLIAM S. SMITH— JOHN JAY.
FROM W. S. SMITH TO JOHN JAY.
London September 2, 1786.
Sir,
J forwarded to your Excellency on the 24th nit. the
public papers, those from that date to the present accom-
pany this; on the 26th of the same by way of Boston,
I mentioned that the King of Prussia died on the 17th,
at Potsdam, the papers are so filled with this, that your
Excellency will there note the variety of conjectures
respecting peace and war in consequence of it. The re-
•' publicans of Holland, think that the interest of the Stadt-
holder will be much lessened by it ; and of course the
news was not disagreeable to them, for they expect to rise
in exact proportion to his depression, and that of the
aristocrats. My last letters from that country, state the
patriots as rising with a degree of firmness, which cannot
fail of forcing such alterations and establishments as will
njake that government, more entitled to the name of a
republic, than it ever has been before. However, when
Mr. Adams returns, I doubt not but he will give your
Excellency an accurate statement of their political ob-
jects and their probable issue. I have the honor of
forwarding some despatches addressed to you which I
received from Mr Jefferson at Paris, and as it is probable,
he states the conduct of Mr. Eden, his progress and the
objects of his mission at the court of Versailles, I shall
not trouble you, with the circulating opinions here.
I am with great respect, &c.
W. S. SMITH.
DIPLOMATIC CORRESPONDENCE. 431
FROM W. 3. SMITH TO JOHN JAY.
London, September, 4, 1786.
Sir,
The enclosed paper will inform your Excellency of
the departure of Lord Dorchester (late Sir Guy Carleton)
for his government in Canada, he is said to be possessed
of powers to settle the disputes, relative to the boundaries,
&c. as you will note on perusing the paragraph. This
sentence, corresponding with Lord Carmarthen's promise
to Mr. Adams, as stated in Mr. Adams' despatches of
the 15th July, ult. viz: " That the Secretary of State
" was pleased to say further, that he would speak to
" Lord Sidney concerning the affair, of the Eastern line
" that Sir Guy Carleton might have instructions concern-
" ing it before he went out," furnishes a line explana-
tory of the system of administration, consistent with what
I have stated in my last letters to your Excellency. If
they had a disposition to explain and settle that point, I
suppose Mr. Adams' powers are sufficient on our part,
and Mr. Hartley the Minister on their part is here; those
two gentlemen by stating their ideas when they fixed the
boundary, previous to their signing the definitive treaty,
might produce sufficient grounds for positive orders on
that subject, which might save a good deal of trouble on
both sides. But I think from this, and many other cir-
cumstances, we may conclude they will not yet listen to,
or decide on, any question we may propose, lest their
consular plan might not have a fair chance for operation.
I do not think it improbable, after they have established
as many Consuls as they think will answer their ends,
those gentlemen, if closely attended to, will be found
432 WILLIAM 8. SMITH— JOHN JAY.
coming gently forward, with separate proposals to the
States or districts where they may respectively reside, for
the establishment of a commercial intercourse indepen-
dent of federal systems, and thus, by holding out separ-
ate advantageous plans to the several States, they expect
it will be unnecessary to trouble Congress and our fede-
ral government on the subject. Is it possible, Sir, that
my country can submit to the operation of their projects?
I flatter myself it is impossible, and that they soon will
be convinced of the folly of their plans, and begin to be-
lieve that, in their negotiations with our country, they
must change their old systems, and instead of the bad
side of the human character, step upon the fair theatre,
and for once deal with honor and integrity. It will be
new grounds to them it is true; but I have this opinion of
my country, that it is the only grounds on which this
people can expect any advantageous establishments.
I shall acknowledge myself under great obligation to
your Excellency, for the earliest information of the result
of the commercial convention. I promise myself great
things for my country in consequence of it, and shall be
anxious until I am informed of its happy termination.
I am with every sentiment of respect, &c.
W. S. SMITH.
PROM W. S. SMITH TO JOHN JA.Y.
London, September 4, 1786.
Sir,
I have just received a note from Mr. P. Bond; formerly
a citizen of Philadelphia, informing me, that "His Ma-
DIPLOMATIC CORRESPONDENCE. 433
jesty has been pleased to appoint him his Consul of the
middle States, and Commissary for all commercial affairs
within the dominion of the United States," and that he
proposes to embark in the next packet for New York.
I have wrote so fully on the 7th, 23d and 24th ultimo,
and the 1st, 2d and 3d instant, that I shall in general re-
fer your Excellency to their contents, without trespassing
any further on your time.
I have the honor to be, &c.
W. S. SMITH.
FROM W. S. SMITH TO JOHN JAY.
London, September 18, 1786.
Sir,
I wrote your Excellency so fully by Captains Mesnard
and Boudinot, and by Mr. Skip with who sailed in the
packet the beginning of the month ; that it is in some
measure unnecessary for me, for the present, to trouble
you further, more especially as Mr. Adams, (having re-
turned from the Hague the week before last,) will un-
doubtedly make every useful communication. At his
request, I have the honor of forwarding a copy of a let-
ter received from Mr. Barclay, at Mogador, which being
connected with a copy, of one he despatched to your
Excellency by the way of Surinam, it may answer as a
duplicate, and perhaps reach you before the original.
I have the honor to be, &tc.
W. S. SMITH.
VOL. v.— 55
434 WILLIAM S. SMITH— JOHN JAY.
Copy enclosed in letter of W. S. Smith to John Jay,
of 18th September, 1786.
Mogador, 30th July, 1786.
Dear Sir,
Meeting with a confidential person going to Surinam,
and from thence to Philadelphia, I embrace the opportu-
nity of informing you of my return from Morocco, after
having concluded a treaty of peace and commerce be-
tween the Emperor and the United States. This treaty
I will send by express from the first port I can reach in
Europe, to Mr. Jefferson, and from him and Mr. Adams
you will have the particulars ; if they approve of it, it
is through them alone it ought to reach Congress. With
respect to my own sentiments, I believe it to be equal to
all our purposes, and I am persuaded there is no Chris-
tian nation on earth who now stands higher in the esteem
of his Majesty. The Emperor's letter to the President
of Congress, and the signals agreed upon by which the
American and Moorish vessels are to be made known to
each other at sea, will accompany the treaty.
I am, with great respect, &cc.
* THOMAS BARCLAY.
FROM THOMAS BARCLAY TO JOHN ADAMS.
Mogador, 31st July, 1786.
Dear Sir,
Above is a copy of a letter which I wrote this day to
Mr. Jay, and as it contains all that is proper to say at
present, I will not now make any additions on the sub-
ject of the treaty. Since my arrival in Barbary I have
DIPLOMATIC CORRESPONDENCE. ^Jo
taken up three thousand five hundred dollars which are
disposed of, and for which I shall value on you some time
hence, as it is impossible to negotiate bills on Europe at
this place. To-morrow I am to set out on my way to
Tangier, and at present conclude with the assurance of
being always,
Dear sir, your most obedient, &c.
THOMAS BARCLAY.
FROM W. S. SMITH TO JOHN JAY.
London, October 4, 1786.
Sir,
A letter which I had the honor of addressing to your
Excellency on the 14th June last, has this sentence.
"The treaty between France and England relative to
the exchange of certain articles of produce and manu-
factures, I believe is in some degree of forwardness, the
bills passed and before Parliament relative to the suppres-
sion of distilleries in this and the kingdom of Scotland
seem calculated to open the door to the admission of
French wines and brandy," &c. &c.
On the evening of the 2nd instant, Mr. Gibert, Secre-
tary to Mr. Eden, arrived here with the treaty signed by
the respective Plenipotentiaries. It is announced this
morning to the public. The mail going off for Falmouth
this afternoon, I forwarded the outlines of it, under cover
to Mr. McCormick, supposing that the mercantile garb
will aid it in its passage to your Excellency. The stipu-
lated conditions and duties which form the essentials of
the treaty are; that the several articles of the cornmer-
436 WILLIAM S. SMITH— JOHN JAY.
cial treaty of Utrecht, respecting the detail of commercial
privileges and regulations, are to be revised and confirmed.
It is provided that all articles, not specified in a tariff,
which make part of the treaty, should be mutually im-
ported on the terms of the most favored nation. The seve-
ral articles which follow, being those which are included
in the Tariff, are to be admitted on the following duties.
1. Wines into Great Britain and Ireland on the same
duty as is now paid in each kingdom on the wines of
Portugal ; with a liberty reserved to Great Britain and
Ireland to lower the duties on Portuguese wines (if they
shall think fit) to the proportion stipulated by the Methuen
treaty. 2. Vinegars into Great Britain on a duty not
exceeding £32. 18s. lid. per ton. 3. Brandy into
Great Britain on a duty not exceeding 7 shillings per
gallon. 4. Oil of olives on the same duty as is now paid
by the most favored nation in Great Britain. 5. Beer
on a duty of 30 per cent, ad valorem, in each country,
besides a duty in each to countervail the internal duty.
6. The duties on hardware, cutlery, cabinet ware and
turnery, and all articles whether heavy or light, of iron,
steel, copper and brass, are to be classed, and the highest
is not to exceed ten per cent, ad valorem, in addition to
a duty to countervail the duty in France. 7. All sorts
of cottons and woollens, including hosiery to be importa-
ble on a duty of 12 per cent, ad valorem, reciprocally,
except goods mixed with silk, which are to remain pro-
hibited on both sides ; the cottons to pay in addition a
duty to countervail the internal duty in each country.
8. Cambricks and lawns reciprocally, on a duty of 5 per
cent., the demi-piece of 73 yards, English measure, and
linens of all sorts in Great Britain and France reciprocal-
DIPLOMATIC CORRESPONDENCE. 437
ly, on no higher duty than those from Holland and Flan-
ders now pay in Great Britain, and linens of all sorts in
Ireland and France reciprocally, on no higher duties than
those from Holland and Flanders now pay in Ireland. 9.
Saddlery, on a duty of 15 percent, ad valorem, reciprocal-
ly. 10. Gauzes of all sorts, on a duty of 10 per cent, ad
valorem, reciprocally. 11. Millinery made up of muslin,
lawn, cambrick, gauze and other articles admitted under
the treaty, on a duty of 12 per cent, ad valorem, recip-
rocally. 12. Porcelain, earthen ware and pottery, on a
a duty of 12 per cent, ad valorem, reciprocally. 13.
Glass of all sorts, on a duty of 12 per cent, ad valorem,
besides a duty sufficient to countervail the internal duty
in Great Britain. The treaty is to take place in France
with respect to Great Britain, as soon as laws are passed
to give it effect here, or in other words, as soon as it is
approved of in Parliament; and with respect to Ireland,
the principle of the most favored nation, and the tariff
are to take place respectively, as soon as laws are passed
to give effect to them here. This treaty is to last for 12
years. Observations on this from me to your Excellency
are unnecessary, it was signed at Versailles on the 26th
of September. The treaty between the Empress of
Russia and this court is in check, in consequence of a
strong disposition in the former, in favor of the system
supported by the armed neutrality, viz: " that free bot-
toms shall make free goods." I hope my letters to your
Excellency of the 7th, 23d and 24th of August, 1st, 2nd,
3rd, and two of the 4th and 12th, and 18th September,
may meet with safe conveyances.
I have the honor to be, &,c.
W. S. SMITH.
438 WILLIAM S. SMITH— JOHN JAY.
FROM W. S. SMITH TO JOHN JAY.
London, October 11, 1786.
Sir,
I had the honor of receiving your Excellency's letter
of the 5th September, the last evening. 1 am glad to
find that my letters of the 10th and 29th May, and of
the 15th June, have met with a safe conveyance. I am
at a loss to account for the detention of that of the 10th
May, for I delivered it to Mr. Ridley, obtaining his
promise to forward it immediately on his arrival. I shall,
in all my communications, be as cautious as possible ; in
general, I prefer putting letters addressed to you, under
cover to Mr. Daniel McCormick, thus far I have not
been sensible that the seals of any addressed to me have
been intruded upon by the finger of curiosity. I notice
the important light in which you consider the subject of
my letter of 10th May, it has pressed with considerable
weight upon my mind, but every thing seems quiet at
present.
A gentleman, connected with those already here, ar-
rived not lojig ago from Granada, from what I can collect
of his interview with his party here, those he left behind,
are in daily expectation of hearing something from this
side the Atlantic or from the Floridas, favorable to their
project, but their friends here stand aghast and trembling,
and dare not move, particularly since the circumstance
took place, which I stated in a letter to your Excellency,
of the 5th July last. If the situation of this nation was
not so perfectly critical and uncertain, I do not believe
their business would meet with much interruption, at
least only from that which would necessarily arise out of
DIPLOMATIC CORRESPONDENCE. 439
an attention to appearances; but as affairs are circum-
stanced, I cannot see how they can promise themselves
success in the prosecution of their plans, in the first
place, from the idea I have of that country, and the
difficulties that must attend the movements of an army
there, I should suppose the protection of a fleet abso-
lutely necessary, not only to establish and protect a place
of arms and an arsenal; but for the necessary purpose of
giving security to the conveyance of provisions along the
coast ; without which (unless my ideas of the country
are very erroneous) I should suppose it next to an
impossibility to move and support an army with any
tolerable degree of certainty ; under this idea, let the
disposition of the inhabitants be what it may, as they are
destitute of magazines, arms and ammunition, fee. fee.
their leaders ought, in my opinion, to content themselves
until some daring maritime power is hardy enough to
establish itself in the gulf of Darien, with a determina-
tion of supporting its lodgement, and of furnishing the
necessary supplies, when this happens, if the natives
should be decided and firm, the country about the river
Oronoco and north of the Amazons might soon be
possessed, and if the leaders would not be impetuous, a
gradual emancipation of the south, would be the conse-
quence ; but from what I can collect of the present plan,
which I dare not ask many questions about, I am rather
disposed to think, that if it is pressed, it may possibly
involve all concerned in disgrace, and make the situation
of that people worse than at present. I hope the good
people on the Ohio and its environs, may not be made
the dupes of this party.
I have wrote on several subjects lately with great
440 WILLIAM S. SMITH— JOHN JAY.
freedom, and, as your Excellency seems to be in doubt,
whether my letter of the 10th of May was intended for
the consideration of Congress or not, I must observe,
that I write to you, Sir, as to a gentleman, who has the
honor, interest and welfare of your country much at
heart ; I feel a freedom in communicating with you on
these subjects, and can never object to the whole or any
part of my letters being made public, when you suppose
they may in the least degree be serviceable or interesting;
from henceforth I hope you will feel yourself easy on
this subject, and make communications of the whole or
only of such parts as you are pleased to think worthy of
public attention. I must acknowledge myself a great
friend to a freedom of communication between men vir-
tuously attached to their country, and while I have the
honor of communicating with such, I shall be free and
open, confident of receiving every friendly and generous
interpretation of my communications and intentions.
I have the honor of forwarding to your Excellency,
the Courier de 1'Europe from the 19th September to the
10th instant. I accept with pleasure your congratulations,
And am, with great respect, &c.
W. S. SMITH.
London, October 31, 1786.
Sir,
Mr. Adams' letter of the 27th instant, which accom-
panies this, renders it unnecessary for me to enter on
politics, more especially as nothing material has trans-
DIPLOMATIC CORRESPONDENCE. 44J
pired since my last of the 4th and llth instant. I have
the honor of forwarding the Courier de 1'Europe, from
the 13th to the 27th inclusive.
I have the honor to be, &c.
W. S. SMITH.
FROM JOHN JAY TO W. S. SMITH.
New York, 6th February, 1787.
Dear Sir,
I have this moment had the pleasure of receiving your
letter of the 4th day of October last, by the packet which
arrived yesterday.
Since my last I have been favored with yours of the
23d August, 1st, 4th and 18th September, and llth and
31st October, 1786, which I have laid before Congress.
My letter by this packet to Mr. Adams, will be in some
measure interesting to you — this is a short letter, but it
shall soon be succeeded by a longer one.
I am, dear sir, &c.
JOHN JAY.
FROM W. S. SMITH TO JOHN JAY.
Bath, Januarys, 1787.
Sir,
I have the honor of acknowledging the receipt of your
Excellency's letter of the 2d of November, by the Rev'd
Doctor Provost, and to inform you that the despatches
which accompanied it, addressed to Mr. Jefferson, were
the treaty. With respect to the appropriation of a fund,
VOL. v.— 56
442 WILLIAM S. SMITH— JOHN JAY.
forwarded by a safe private conveyance, and I have no
doubt but they have been received before this. I have
committed several packets of letters to the care of Doctor
Mitchel, a young gentleman of merit and abilities, who
has promised to deliver them to you. A slight indispo-
sition, arising from the great change of a very active, to a
sedentary life, has rendered it necessary for me to pass a
fortnight or three weeks at this place. It being the re-
sort also of the members of Parliament and the political
characters in this kingdom, previous to the meeting of
Parliament, which takes place the latter end of the
month, I acknowledge was an additional spur to the excur-
sion, which, even in this point of view, I hope may not
be thought improper or unnecessary. Indeed, sir, I find
it impossible to acquire sufficient knowledge of the ob-
jects, pursuits and designs of political men, without mix-
ing with them in society and giving into the manners and
customs of the people I am placed amongst. I am not
free to pursue this to that extent, which the situation of
our country, and the seeming designs of this, relative to it,
(in the opinion of. some,) is supposed necessary ; but I
will do all in my j^ower, consistent with that economy
which the situation of our public affairs points to as pro-
per and unavoidable.
The approaching session comes on heavily charged
with many important and dubious points, the affairs of
the East India Company — the French treaty — the ar-
rangements on the carpet with Russia and Portugal — and
this still more important question may be brought for-
ward, i. e. what decided system must and ought this gov-
ernment to pursue relative to America? These points
lie heavy on the public mind, and with respect to the
DIPLOMATIC CORRESPONDENCE. 443
last, I cannot help thinking, it would not have been diffi-
cult to have prophecied what they would have done, had
the commercial convention terminated as the friends to
our federal governments hoped and expected — but that
having failed, Lord Hawkesbury may possibly continue
his career, relative to restraints and prohibitions, unless
the substance and spirit of Monsieur De Calonne's letter
to Mr. Jefferson, of October last, which I suppose ac-
companies this, by being brought forward at a critical mo-
ment, should alarm the nation, and lead them to suspect
that, unless they alter their plans very materially and
speedily, the stream which has buoyed the naval abilities
of this nation to the elevation it has attained, will be di-
verted into other channels, and hereafter flow in those,
which, notwithstanding present appearances, may be still
expected to be not only rivals of, but hostile to the com-
merce and power of this kingdom. With respect to our-
selves, I hope we shall not be too hasty in leaning with
unnecessary decision towards either — being firmly per-
suaded, that by wise and prudent pursuits at home, we
shall ensure to ourselves the ability of turning the politics
of either in those points which hereafter may particularly
serve and benefit our country.
I am informed that the merchants who have debts due
to them in America, and who are debarred from a reco-
very by law, propose petitioning Parliament on the sub-
ject, requesting that as they are prevented from the reco-
very of debts secured to them by treaty, that their ac-
counts may be received and admitted to the Treasury
upon the same footing as those who have suffered loss by
confiscation, &c. Should this be brought forward, what
debates it will give rise to, is difficult to determine,
444 WILLIAM S. SMITH— JOHN JAY.
but I think from the reception the petition meets with,
and the period put to it, some decided conclusions may
be drawn respecting their determinations upon the gen-
eral questions between us. Enclosed I have the honor of
forwarding a copy of a letter from Mr. David Hartley,
with my answer to it. You are acquainted with his
character, and therefore observations on it are unnecessary
— he seems much interested on the American question,
and disposed to dwell on it as much as the taste of the
times will admit of. I hope your Excellency will not
think I have said too much with respect to my construc-
tion of the 4th article, or the checks which I thought ne-
cessary to throw in the way of his construction, and the
allowance to loyalists. I am not acquainted with the
cause of his addressing me on this subject — but I thought
it would not be well to permit those parts in his letter to
pass unanswered — indeed he has since, in conversation,
acknowledged that the construction I have put on the
words was the one intended, and that the expressions in
the article were not intended to include interest during
the war; but that they were the mildest terms that could
be thought of to convey the idea intended, for it was con-
cluded at a period when conciliatory measures were pre-
ferred, and conciliatory terms the favorite with both
parties — but concluded at the same time the construction
in my answer came better from me as the American than
from him as an Englishman. I take the same liberty
with you, sir, in peace, that I used to with my General in
war, viz: to communicate all my correspondences with
the opposite party. I hope they may be as well re-
ceived.
I am, sir, with the greatest respect, &c.
W. S. SMITH.
DIPLOMATIC CORRESPONDENCE. 445
FROM D. HARTLEY TO W. S. SMITH.
London, December 1, 1786.
Dear Sir,
I have lately met with a pamphlet upon the subject of
some proceedings in the State of New York, respecting
the loyalists and the concerns of British merchants and
creditors. The preface declares the object of this com-
pilation ; I fear the tendency of it will be to create and
ferment a spirit of alienation between Great Britain and
the United States of America.
It has always been my endeavor throughout the late
unfortunate contest and the subsequent negotiations of
peace, to promote the spirit of conciliation which is more
than peace. Since the time that I have had the pleasure
of your acquaintance and friendship, I have received the
fullest proofs of similar dispositions in you.
The subjects which are called into question in the
pamphlet referred to, are of a very delicate and dange-
rous nature ; they may, in their consequences, involve
the lives and property of many thousands more than the
limited number of persons whose misfortunes, injuries
and mutual criminations are therein stated. God forbid
that we should be plunged again in all the horrors of war
upon any transitory misunderstandings in the execution
of the terms of peace.
The late war between Great Britain and the United
States of America was, in its origin and principle a civil
war, and in its progress it was attended with great per-
sonal animosities and asperities. At the conclusion of
the war, the two nations commanded the abatement of
personal animosities between their respective subjects ;
446 WILLIAM S. SMITH— JOHN JAY.
this principle, therefore, ought to be effectually maintain-
ed by the nations in their national capacities, by which
personal resentments and private interests are required to
submit to public peace. It may, perhaps, be difficult to
restrain personal feelings of resentment for injuries com-
mitted during the war, or to reconcile private interests to
the payment of old debts accumulated during the course
of the war ; but still the national honor is at stake to see
these things effected according to the terms of peace.
There appears to me to be a fund in the power of Con-
gress capable of facilitating these points ; I mean by the
sale of the lands in the western territory, conceded to
the United States at the peace. Might not debtors to
British merchants be allowed a certain proportional sum
of their payments made to Great Britain, by money
raised upon this fund, might not something similar be
done towards the relief of unfortunate loyalists? Would
not such acts of humanity be perfectly consistent, not
only with justice and equity, but, with that spirit of
conciliation, which, on the return of the blessings of
peace, should universally prevail?
The impediments ^and rubs in the way to these things
are private, and personal, and temporary. But national
honor is eternal. This is the moment to justify national
honor to posterity. Let not posterity reproach the pre-
sent age, that it has been parsimonious in the purchase of
merited and eternal fame, by the most scrupulous atten-
tion to justice and the spirit of conciliation. Let the
foundations of the new world be laid in these principles,
to discharge debts of honor and conciliation to the last
farthing, they may be considered as part of the purchase
of independence ; the proposed fund is a common undi-
DIPLOMATIC CORRESPONDENCE. 447
vided stock, and, therefore, avoids the contest of private
interests against national honor ; this fund is already
destined by Congress to clear off the debts incurred by
the late war. The principle is thus established for views
of political prudence and economy ; the extension of the
principle but one step farther, will attain the great and
immortal prize due to humanity and public honor.
American independence has been cheaply and speedily
acquired. The Dutch provinces had a struggle for near
a century to acquire their independence ; their country
was exhausted to the last gasp without any similar re-
source to that which the American States will find from
the Ohio to the sources of the Mississippi. These
national resources are infinite, the national burdens are
temporary and inconsiderable, and besides, it should not
be forgotten that Great Britain has conceded the New-
foundland fishery to the American States at the peace,
although France did not support them in that claim, and
although the principle of uti possedetis was likewise not
in their favor ; this consideration alone is of greater value
than all the debts and interest due from the citizens of
the American States to British creditors, or the fee
simple of all the claims of the loyalists.
These, Sir, are the sentiments which have occurred
to me upon the perusal of the pamphlet above mention-
ed. I am sensible that some apology is due on my part,
as an appeal to your candor, and to the candor of your
country, for the liberty which I have taken of express-
ing them thus freely and without reserve to you. It is
the sincere desire of preserving amity and peace between
our two countries, which has been my inducement for so
doing. I hope, therefore, and entreat that this may be
448 WILLIAM S. SMITH— JOHN JAY.
received from me as proceeding from motives of ancient
affection and regard for those who are derived from one
common parentage with Britons, and whom I wish
always to retain as brethren, and friends to my country.
I am, dear Sir, &c.
D. HARTLEY.
FROM W. S. SMITH TO DAVID HARTLEY.
London, December 2, 1786.
Dear Sir,
I have the honor of acknowledging the receipt of yours,
of yesterday's date, I have noticed the pamphlet referred
to, and agree with you in thinking it calculated to make
disagreeable impressions.
Without observing on the principles which urge, or the
policy which countenances such publications, I acknow-
ledge myself obliged to you, for the communication. But,
sir, on recollection it may not appear strange that " per-
sonal feelings cannot be restrained," or that it is difficult
to " reconcile private interest " to the payment of debts,
when the terms of the 4th article of the definitive treaty,
viz : " all bona fide debts heretofore contracted, are at-
tempted to be explained by the terms, " old debts accu-
mulated during the course of the war," how far this
interpretation will correspond with the original intention
of the parties, Mr. Hartley as the representative of the
one, must be competent to determine; for myself, I can
only say, that from every research into the meaning of
words, I cannot reconcile the interpretation to the princi-
ples of the English language or the ostensible spirit of
DIPLOMATIC CORRESPONDENCE. 449
for the relief of (what are called) " unfortunate loyal-
ists" by the United States of America, you must be con-
vinced, sir, that the claims of that class of men on Con-
gress, can have no other foundation, than the 5th and
6th articles of the treaty, which together with every
other, America has professed herself fully determined to
carry into effect, as soon as similar dispositions are dis-
covered on the part of Great Britain ; and thus, sir, if
unfortunately "we should be plunged again into all
the horrors of war, upon any transitory misunderstand-
ing in the execution of the terms of peace," to the unpre-
judiced world, must stand acquitted, when it is made
known, that she has, ever since the removal of the pro-
perty of her citizens, and the retaining of the posts on
her frontiers, contrary to the express articles of the trea-
ty, declared that she was disposed to pursue every
measure towards a final accommodation and adjustment,
which on a conference might appear consistent with her
honor, dignity, and the demands of justice.
The system which has warded off, this wished for con-
ference cannot have passed you, totally unsuspected, and
must so soon unfold itself, that attempts to elucidate it on
my part are rendered unnecessary.
The uniformity of your character on the American
question, and the disposition you have always discovered
both in your private and public capacity to " preserve
amity and peace" and the flattering wish to retain us "as
brethren and friends to your country" which you so
politely express in the latter part of your letter, must
render every apology for addressing me on this subject,
unnecessary. I am dear Sir, &c.
W. S. SMITH.
VOL. v.— 57
WILLIAM 9. SMITH— JOHN JAY.
FROM W. S. SMITH TO JOHN JAY.
London, January 24, 1787.
Sir,
I had the honor of addressing your Excellency from
Bath on the 3d instant, which Doctor Mitchel, a young
gentleman of New York, took charge of, accompanied
with several letters from France, which I had very for-
tunately received the day before; perhaps they mention
the King of France having called an Assembled des No-
tables to meet at Versailles on the 29th inst., but lest it
should have been omitted, I take the liberty of informing
you, that it is to consist of 140 members, viz: a number
of Archbishops and Bishops for the clergy, 36 members
of the Noblesse, among whom are the Count d'Estaing,
Duke de la Rochefaucault the Marquis de Lafayette,
the first Presidents and Solicitors General from every
Parliament, some Counsellors of State and Intendants ;
30 cities will send their Mayors, and the Princes of the
blood close the Council. My letters from Paris of the
7th, 15th, and 16th inst., hold up the following objects,
viz: " to obtain a Provincial administration in the mat-
" ters of finance; to regulate the affairs of the Protes-
" tants; to alienate the King's domains; to equalize the
" tax on salt, and to introduce perhaps some other ame-
" liorations in matters of commerce," as the general
opinion; but the King's letters to his Noblesse state that
he wishes to communicate to them his views relative to
relieving the burthens of his people — to arrange his
finances, and to reform many abuses — they are great ob-
jects and worthy of a patriotic King — the last Assem-
blee des Notables was in 1626, and as they now have re-
DIPLOMATIC CORRESPONDENCE. 451
course to this extraordinary means, it seems fair to con-
clude that there is an extraordinary embarrassment some-
where, or that the King has a mind (extraordinary for
despotic monarchs) capable of examining the affairs of
his kingdom, for the purpose of promoting the happiness
of his people. Should the progress of improvement
ever enlighten the nation at large, so as to teach them
how to derive all the advantages from that variety of
soil, and climate, and happy geographical situation, of
which their country is capable, thousands will be render-
ed happy, who now groan under the burthen of exist-
ence. I am flattering myself with expectations to hear
that my country is rising superior to the late shocks of
internal commotion, and that our countrymen will recol-
lect, that the eye of the world is upon them, and that it
is a duty that they not only owe themselves and their
posterity, but mankind in general, to give a dignified
example of the happiness and the advantages to be de-
rived from the establishment of human rights on an im-
mutable basis. I give your Excellency the following
extract of a letter I received from Amsterdam, of the
7th instant, that you may be prepared for whatever may
present itself in that quarter : " Mr. Gerad de Rayneval
delivered to the Prussian Minister, Count de Gortz, his
opinion what measures ought in the present circumstances
to be adopted by the Prince of Orange as likely to in-
duce the States of Holland to proceed upon a plan of
conciliation ; some people flattered themselves it would
prove successful, and put a period to the intestine
troubles ; but the apprehensions of the major part have
been verified, that the unhappy, devoted Prince, has
rejected all proposals short of being re-instated in what
452 WILLIAM S. SMITH— JOHN JAY.
he assumes to call his rights, the consequence of this
persevering obstinacy, has determined the true patriots to
redouble their zealous efforts for the recovery and sup-
port of their rights, upon the footing of a free republican
government." With respect to this kingdom, there is
great apprehension that the affairs of Ireland will prove
very troublesome, enclosed is the speech of the Lord
Lieutenant, on the opening of the parliament of that
kingdom, and the speech of George the Third, delivered
yesterday at the opening of the parliament of this, and
also a short review of the political state of Great Britain
at the commencement of the present year, which I wish
a safe conveyance,
And am, with the most perfect respect, &e.
W. S. SMITH.
FROM W. S. SMITH TO JOHN JAY.
London, February 9, 1787.
Sir,
I have the honor of forwarding to your Excellency the
public papers, of the 5th, 6lh, 8th and 9th instant, the
8th contains the heads of a very masterly speech made
by Mr. Sheridan on opening the 4th charge against Mr.
Hastings ; and the 9th, the decision of the Hou?e of
Commons for an impeachment by a majority of 107 ;
there has a very singular circumstance taken place here
within these few days, Lord North has absented himself
from the House ; there are various reports on this subject,
some say that he is gone to the continent, others, that he
accompanies his son to Falmouth, who is on his way to
DIPLOMATIC CORRESPONDENCE. 453
Lisbon, and others that a female branch of his family
has been guilty of some glaring folly, which has induced
him to retire to his country seat, for the present ; what-
ever may be the true reason, it must undoubtedly appear
singular, that at a period like the present, burthened with
various circumstances of the greatest national importance,
a nobleman deeply concerned in the politics of the king-
dom should absent himself from its councils unaccom-
panied by a sufficient ostensible reason. I shall not ani-
madvert on the circumstance, but promise to give your
Excellency an account of every public transaction during
the session, and you will be fully competent to reason
from and trace their origin and objects, a change of sys-
tem is expected by some few; but I am induced to be-
lieve it proceeds rather from their wishes than any suffi-
cient foundation. Administration are much pressed on
the subject of the treaty with France, and the consequent
failure of arrangement with Portugal. There is a con-
siderable deficiency in the revenue arising from the taxes
not being so productive as they were calculated to be,
and the expenses of Government being much lower than
they have proved to be ; it is supposed that the deficiency
amounts to fourteen hundred thousand pounds sterling, and
that a new loan must be made to supply the defect. There
is a whisper that France has completed a treaty with
Russia and that one is not made with this court. Your
Excellency will note the reasoning in the paragraph,
which speaks of the indisposition of the Count de Ver-
gennes, as it relates to the situation of affairs between our
country and these two kingdoms. Mr. Fox touched
very lightly on America in his reply to Mr. Pitt, and
charged him with a great and sudden alteration in his
454 WILLIAM S. SMITH— JOHN JAY.
opinions respecting it. Major Scott in the debate of
yesterday, touched on the American war, but it appeared
to me rather intended to shelter Mr. Hastings (if possible)
by holding up to the consideration of the house (in his
opinion) more blameable characters, than with any inten-
tion to lead America forward as a subject worthy of the
attention of the house. In addition to these short hints,
which I only give for your Excellency's consideration, I
must observe, that the Marquis of Lansdowne in full com-
pany at his own table the last week, expressed his aston-
ishment at the career of the present administration rela-
tive to America, and said that he was firmly convinced
that an alliance with America offensive and defensive
would be the happiest circumstance for this nation, which
could possibly take place ; but as that could not be ex-
pected, the nearer their arrangements would come to
that, the better for them ; that at the time he was put
out of administration, he was in pursuit of such arrange-
ments with America, as would have sheltered the nation
in a great degree from many of the inconveniences which
she at present labored under, and for his country he could
but lament the circumstance. I hold up these facts and
leave your Excellency to reason from them.
By Colonel Franks Congress will receive Mr. Bar-
clay's observations on the ports, harbors, &c. &c. in the
kingdom of Morocco. Mr. Randall will have deposited
some remarks on the harbor and fortifications at Algiers,
and I have the honor of forwarding some observations on
the city of Tunis, a map of Cape Carthage, Tunis Bay,
and the Goletta, taken on the spot; they were sent me by
the author, and as the Mediterranean must some time
hence be visited by my countrymen in their commercial
DIPLOMATIC CORRESPONDENCE. 455
pursuits, I think it of importance that every thing should
be collected which may contribute to furnish them with
information of the coast and adjacent country.
I have the honor to be, &z,c.
W. S. SMITH.
FROM THOS. BARCLAY TO MESSRS. ADAMS AND JEFFERSON.
Alicant, February 10, 1787.
Gentlemen,
Since I wrote to you from hence the 6th of last month,
I have been much afflicted with the rheumatism in my
loins, which confined me to my bed with pains great be-
yond description. I am now free of them, and shall
leave this place in a few days. Upon further reflection,
I thought it best not to abandon the idea of meeting Mr.
Lamb, and therefore, I wrote to him at Port Mahon, that
I would go to Valencia, and from thence to Barcelona, if he
would embark for this last place, and meet me there. I
informed him that my orders from Congress were to make
a settlement with all the people in Europe, who are em-
ployed, or who have been employed, in their service ; and
that the Ministers in London and Paris wish that I may
be able to comply with the desire, which he communica-
ted to them, of having his account settled here : and I
desired him to answer me by one letter, addressed to me
at Valencia, and another at Barcelona. If his business
or health will not permit him to see me, I will probably
go to Madrid from Valencia, or perhaps to France from
Barcelona ; but my movements will, in some measure, be
governed by the necessity I shall find myself under, of
456 WILLIAM S. SMITH— JOHN JAY.
going to Corunna. The gentlemen with whom my busi-
ness lies there, have not, by any means, complied with my
request. They acknowledge that there is some proper-
ty belonging to the prizes curried in by Captain Cunning-
ham, in their hands, but they have applied it towards the
discharge of expenses incurred by the South Carolina
Frigate,, commanded by Commodore Gillon ; and with
respect to the public effects left by him, little can be
known from what they write. I fear that nothing will be
recovered, of any consequence, from these effects, or
from this balance — yet, having them pointed out as ob-
jects to be attended to, I am unwilling to leave any thing
undone on my part. In the mean time I shall communi-
cate to the Secretary of Foreign Affairs, what I have col-
lected on these subjects, and determine hereafter whether
I shall pass to Corunna or not. I received a letter from
Mr. Jefferson, dated the 26th of December, in which he
says he will write to Mr. Adams to join him in desiring
Mr. Lamb to settle his accounts, a circumstance that
proves very agreeable to me, however willing Mr. Lamb
may be to do it without such a letter.
^1 am, gentlemen, &c.
THOS. BARCLAY.
P. S.— The Count d'Espilly, &c., sailed from this bay
about ten days ago, for Algiers.
FROM W. S. SMITH TO JOHN JAY.
London February 26, 1787.
Sir,
Enclosed, I have the honor of forwarding to your
Excellency, a letter received, from Mr. Jefferson, at Paris.
DIPLOMATIC CORRESPONDENCE. 457
I have also committed to- the care of Mr. Ingram, the
public papers containing the debates of Parliament to
the present date, they embrace every thing which at
present commands the public attention, and renders it in
a great degree unnecessary for me to make any observa-
tions, as, from the debates which are generally stated,
your Excellency will be fully competent to form an
opinion on perusing them. I will only observe, that
Mr. Burke, when speaking on the subject which Mr.
Grey laid before the house on Wednesday last, said, that
" he would embrace this opportunity to express his
astonishment at the career of the present administration
relative to America, that they were not only, by a sour
surly system, depriving the kingdom of those advantages
which she always drew from that country; but was forcing
into the ports of France those naval stores, and those
commercial bottoms, which had contributed so largely to
raise this kingdom to that respectable marine superiority
which she once possessed, that he thought it full time to
turn about and at least be good natured if not inviting."
The impression which Mr. Grey's speech has made, and
the observations of Mr. Burke and Mr. Sheridan on it,
leave some room to suppose that it will again be taken
up, but I must confess myself not a little surprized at
Mr. Fox's silence on the subject ; a few days, however,
will shew whether he means to continue his silence or
take part in the attack; some suppose that he dare not
touch the American question lest he should expose
himself to the lash of the Minister for not pressing ar-
rangements with that country when he held the reins of
government ; and others think that the coalition and the
friends of Lord North, hang as a dead weight on him,
VOL. v.— 58
458 WILLIAM S. SMITH— JOHN JAY.
and will not permit him to move on that path. This, I
think, is beyond a doubt, that if the opposition under-
stand the American question, are acquainted with the
ability of that country, and are disposed to bring it fairly
on the carpet, they could not possibly take stronger
ground to attack from; indeed, I cannot see how the
administration can reconcile their present system and
seeming pursuits relative to America, with the spirit of
their memorial of June the 1st, '83, and the explanatory
official letter which accompanied it, of the 14th, address-
ed to the American Commissioners by the British Minis-
ter then at Paris ; though perhaps we should not permit
the system there held out, to operate so fully as they
seemed then to wish ; still, I think they would be at a
loss to justify so immediate and total a departure from
the pursuit of that project. If any thing new presents
itself, your Excellency may rely on having it forwarded
by the first conveyance. In the meantime,
I have the honor to be, &tc.
W. S. SMITH.
brtu ,*f»*frt - 'vrtf> .*M ifcwd* vrtHtottw* XTT
FROM W. S. SMITH TO JOHN JAY.
Westminster, March 6, 1787.
Sir,
I have the honor of acknowledging the receipt of your
Excellency's letter of the 6th of February, and having
noticed Mr. Adams' letter to which you referred, I can
only assure you, that I shall undertake the business with
pleasure and shall be particularly gratified, if it tends to
promote that confidence and good understanding, which
DIPLOMATIC CORRESPONDENCE. 459
apparently is so happily commenced. Considering the
present state of politics between this country and the one
I am going to, it appears to me a happy period for a visit
of this kind, and upon this and every other occasion that
can possibly present itself, I beg your Excellency to
assure Congress of my readiness to fulfil their orders and
anxiety to promote their interest and wishes.
I have the honor to be, &c.
W, S. SMITH.
N. B. This being per packet, will excuse allusions. I
shall have the honor of writing by Captain Watson, and
forwarding the proceedings of Parliament, &c. &tc.
FROM W. S. SMITH TO JOHN JAY.
London, April 1, 1787.
Sir,
1 have the honor of enclosing a copy of a letter from
Mr. Barclay, at Alicant, of the 10th of February last,
and Mr. Harrison's account which ought to have accom-
panied Mr. Adams' letter of the 24th of February.
I did myself the honor of answering your excellency's
letter of the 6th of February, by the March packet. I
have now committed to the care of Mr. Randall, several
letters from Mr. Jefferson, and the public papers contain-
ing the debates in Parliament to the present date. In my
letter of the 3d of January, from Bath, I mentioned that
it was probable some attempt would be made to rouse the
attention of this nation to American affairs ; and in perus-
ing the debates, your excellency will find it obliquely
460 WILLIAM S. SMITH— JOHN JAY.
touched by Mr. Grey, Sheridan and Burke, and by some
others, as I find I have before stated in my letters of the
9th and 26th of February, the sensation produced proved
but momentary. Subsequent to this, Mr. Grenville (son
to the Minister of 1763) moves fora continuance of an act
of the present reign, as you will notice in the paper of
the 15th of March; he there states the necessity for con-
tinuing that act in consequence of "the unsettled state of
the American Government and trade" : he went further
than the papers state, and said, "with respect to the
American Governments," (in reply to Mr. Dempster,)
" we do not know whether they are under one head, direct-
ed by many, or whether they have any head at all.'9
These censures and irritating observations from public
men in national assemblies, cannot be justified on princi-
ples of delicate policy or laudable prudence. When I
consider the real ability of my country, and the amazing
assistance this Kingdom has received from it, in attaining
its late elevation and dignified station, I am at a loss to
reconcile the present career of the King and his cabinet,
to the principles of reason and sound policy ; on the other
hand, when I take a* retrospective view of his political
conduct since his accession to the throne, notice the va-
rious characters which have ostensibly formed his cabinet,
and that he has ten times changed his Ministers, without
any real variation in his system, I can only from a general
view, draw a general unfavorable conclusion, and think
it not improbable but the decline of this Kingdom may
be as rapid and striking, as its rise was dignified and glar-
ing. Your Excellency must be convinced, that the coa-
lition gave an effectual stab to the power and dignity of
the opposition ; they have never yet been able to regain
I
DIPLOMATIC CORRESPONDENCE. 461
that share of the public confidence which before that
strange junction they really possessed; and I think they
never will re-assume their station until the career of the
King and his council involve the nation in glaring error
and embarrassment, and thus furnish the few remaining
members of the opposition with new and strong ground to
rise upon : for the present they scarcely shew themselves :
they are in general indigent, desultory characters, watch-
ing the political barometer for selfish purposes — in the
small vortex of which, public virtue and patriotism seem
totally lost; in short, there is no real division in the King-
dom, the King and his private cabinet hold the helm of
State and direct the political ship; the nation at large seem
to consider themselves as simple passengers, and will be
tranquil, unless they should strike on those rocks, or find
themselves entangled amongst those quick-sands which I
have before alluded to. From this view of affairs on this
side the Atlantic, America cannot promise herself much
from negotiation with this Kingdom, in the present reign,
and decidedly nothing whilst the present projects are un-
checked— and from hence I become more attached to that
independent line, which I have stated in former let-
ters, I flattered myself my country would pursue ; and a
firmer persuasion (if possible) than I have before express-
ed, that every thing must depend upon the dignity of her
own conduct, and the respectability of her domestic ar-
rangements. I am sorry to find by the Philadelphia pa-
pers, accounts of those disturbances shewing themselves
on the Ohio, in such high colors, though I have inform-
ed your excellency, a very considerable time past, that I
was apprehensive the uneasiness would next make its
I
462 WILLIAM S. -SMITH— JOHN JAY.
appearance there. I do not find by your Excellency's
letters, that mine of the 5th of July, on the above sub-
ject, is received : there are three others of the 24th of
August, 2d and 3d September, which I am not informed,
have met with a safe conveyance.
I have the honor to be, &c.
W. S. SMITH.
• • r'jiv.1/ ft' **&; y^il- •
-
FROM JOHN JAY TO W. S. SMITH.
New York, May 12, 1787.
Dear Sir,
Since my last I have been honored with yours of the
23d and 26th August, 3rd and 24th January, 9th and
26th February, 6th March, and 1st April last, which I
have communicated to Congress.
Before this can reach you, you will doubtless have
returned from Portugal, where your visit will, I hope,
have proved no less agreeable to yourself than useful to
your country. I promise myself much satisfaction from
your letters on th^ subject of your mission there.
On my return from the country, where I am going to
pass ten days or a fortnight, I shall devote a leisure hour
or two to writing you a private letter. By that time 1
hope my health will be so far re-established as to admit
of more application than I can at present sustain.
Our affairs in general are in a fluctuating situation, and
so they will continue until more stability shall be intro-
duced into our national government and councils. Whal
effects will be produced by the convention cannot wel
I
DIPLOMATIC CORRESPONDENCE. 463
be conjectured. It is an agreeable circumstance that no
evil is to be apprehended from them, and that much good
may eventually result from their deliberations, but how
soon is very uncertain.
With sincere esteem, &.c.
JOHN JAY.
FROM VV. S. SMITH TO JOHN JAY.
London, September 12, 1787.
Sir,
I h#ve the honor of informing your Excellency of my
arrival here on the 30th ultimo from Lisbon, and of en-
closing No. 1, and No. 2, copies of the commission and
instructions from Mr. Adams, which regulated my con-
duct. The regularity of business would dictate the report
being addressed to him, as from him I received my com-
mission and instructions, but at his request, I take the
liberty of troubling you on the subject. I should have
paid an earlier attention to this, had my health admitted
of it, which I am sorry to observe, has been vastly injured
by the heats of the season and fatigues of my journey.
I feel a diffidence in making out this report, lest it may
be too long, and prove tedious in the perusal, and at the
same time, I would not wish to omit any circumstances,
or check any observation, it might be a duty to commu-
nicate without interfering with the departments of others.
The letters which Mr. Crevecoeur took charge of from
Mr. Short, dated the beginning of May last, while I was
at Paris, will have fully informed you of the reasons, why
Monsieur de Calonne's letter of the 22d of October, 1786,
464 WILLIAM S. SMITH JOHN JAY.
was not carried into effect, and of the prospect of its being
soon put in proper train for operation. I have reason to
believe also, that Mr. Short kept you well informed on
the situation of affairs in France, during Mr. Jefferson's
absence, and since his return, every circumstance relative
to the situation of affairs in which our country could
possibly be interested, must have been faithfully transmit-
ted. From these circumstances, and the fluctuating situ-
ation of that kingdom and its cabinet (which will yet
require some time to settle.) I flatter myself I shall be
excused from making any observations on their past,
present or expected situation, I shall only mention, that
I find the merchants of America, can make remittances in
the furs collected by their agents in the settlements on the
Ohio and the Western waters; that they can in some
instances, bring them down the Mississippi and make a
safe deposite at New Orleans, and from thence, the dan-?
gers of the sea excepted, they find a ready way to the
European ports, the owners may think proper to order
them ; at Bordeaux, I found a considerable remittance
made through this channel, and I take the liberty of
mentioning it as it may be noticed as a matter of curiosity,
considering the state of that country and river; or
weighed in a more important scale, as your Excellency
may think proper.
At Bayonne the American commerce is at a perfect
stand ; but their chief article, being the tobacco of Virginia
and Maryland, they are under the necessity of giving it
up entirely, on account of the contract, which the farm-
ers general have entered into, for the supply of that
article, and of which the merchants of that place com-
in. and perhaps with some reason.
DIPLOMATIC CORRESPONDENCE. 465
I have the honor of forwarding a letter from Mr. Car-
michael at Madrid, where, and at Aranjuez, I passed
some days agreeably. It would not be doing justice to
to Mr. Carmichael, were I to omit observing, that through
him my reception at the court of Spain, was very flatter-
ing and remarkably polite. On my departure, the prime
Minister honored me with an open letter of introduction
to the Spanish resident at Lisbon, requiring him in the
name of the King, to give me every facility in his power,
towards the accomplishment of any business I wished to
have forwarded during my stay at Lisbon, and in which, I
should choose to consult him. This, produced every
attention on his part, without my giving him any trouble
on the subject of my business.
Your Excellency has doubtless been informed of the
death of Don Galvez, the Minister of the Indies, which
took place at Aranjuez on the 10th of June, while I
was there, his administration was so strongly marked with
oppression and injustice, as to produce great apprehen-
sions in the court, relative to the countries under his
orders, and immediately on his death, orders were issued,
that all officers going out, under his commission, should
wait further instructions, and since my departure, a total
change in the affairs of that department, has taken place,
of which, I am informed by a letter of the 13th of July,
from Mr. Carmichael, viz: "Of the Indian department
much may be said. The Minister of Marine is named
Secretary for that quarter of the world, another has the
administration of the ecclesiastical and legal affairs, and
a Governor of the Council of the Indies is appointed."
This arrangement may have a tendency to shelter the
inhabitants of that quarter from those plunderings which
VOL. v.— 59
466 WILLIAM S. SMITH— JOHN JAY.
they experience, when subject entirely to the will of one
rapacious Minister, superior to any checks or restraints.
From the opinions circulating at Madrid and in the circles
of the court, I should be surprized, if they were to alter
the mode of conducting their foreign affairs very materially,
and in favor of the people, but of this your Excellency
by the time you get this letter, may be fully competent
to decide, as I suppose, if an alteration is intended, Mr.
Gardoqui's instructions and subsequent conduct, will soon
unfold it. When I left Madrid, the treaty between that
court and this, was at a perfect stand, you may recollect
that it was brought forward, agreeably the 9th article of
the treaty of 1783 ; but the points in contest, did not
appear to be capable of easy adjustment. The Minister
Mr. Listen, to whom this negotiation was committed, will
be removed and the powers of Mr. Eden in the charac-
ter of Ambassador, are to be tried, and it is suppose*,
that Monsieur del Campo; whose character is not unknown
to you, will receive similar credentials from his court, as
he is a particular favorite with the King and royal family
of England.
The situation of affairs between the Court of Madrid
and the Dey of Algiers, relative to the recommencement
of hostilities, I shall pass over, not doubting but Mr. Car-
michael will have fully informed you, in the letter which
accompanies this, as on the part of the Algerines, there
was little doubt of their dispositions previous to my de-
parture from Madrid.
The reasons I give, for passing slightly over any obser-
vations I may have made in France and Spain, and my
wish to hasten to the detail of my visit and reception at
Lisbon, as the particular object of this letter, will, I hope,
DIPLOMATIC CORRESPONDENCE. 457
I have then the pleasure of informing your Excellency
that I entered the kingdom of Portugal on the llth of
July, at Elicas, a garrison town on the Gaudiana, where
my reception was particularly polite, and after dining
with the Commanding General (who, immediately on my
arrival, honored me with a visit and an invitation) I pro-
ceeded on my journey in the evening, at which time the
General had ordered a dragoon to be ready to attend me
to Lisbon, assuring me that it was not only necessary as
a security through the country, but would facilitate my
passage though the towns and villages on my way, and
he would serve also as a guide on the road. I expe-
rienced many conveniences in this arrangement, and ar-
rived at Lisbon on the afternoon of the 15th. On the 16th,
in the morning, I wrote a letter to the Minister of State
for foreign affairs, of which the enclosed No. 3, is a copy ;
and in the evening of the 18th I had the honor of being
introduced to him, at a ball given by the Marquis de Bom-
belles, the Ambassador of France, when his Excellency
was pleased to apologize for not answering my letter be-
fore, but observed that this meeting would render it un-
necessary, and he would be very happy to see me at his
office, in the morning, at 11 o'clock. I waited on him
agreeably to appointment, and being immediately admit-
ted, after a few preliminaries, presented my commission,
which being read, I delivered a copy of it : he said he
would lay it before her Majesty, and inform me of her
pleasure. I then rose to take my leave, but his Excel-
lency, in a very friendly way, requested me to keep my
sea't, and said, he had made his arrangements to pass the
hour with me ; he then took the lead in a conversation,
and touched upon the commerce of Portugal and the
468 WILLIAM S. SMITH— JOHN JAY.
United States. I took the liberty of observing, that I
once expected an intercourse between our two countries
would have taken place before this, and was sorry to find
that the Treaty which had been signed by the Portuguese
and American Ministers at London, was not permitted to
operate : he said that though the Treaty which was pend-
ing between us, was not yet finished, it would give her
Majesty, and himself, great satisfaction to have it arranged
upon proper principles — that her Majesty had had it in
possession for some time, and had made some remarks
and observations on it, which were of weight, and requir-
ed consideration — that she was much interested in my
country, and wished to be better acquainted with it — that
she considered it as a great Empire, rising from wise and
liberal establishments, and looked to it with expectations,
in favor of its future dignity and importanc^ — that the
exchange of Ministers would be very agreeable, and that
a gentleman of a respectable character, sent from my
country in that line, would be received with every mark
of respect, and would have an opportunity of personally
knowing the regard her Majesty had for my country, and
the favorable dispositions of her Ministers towards it —
and in return, a gentleman of equal grade and character
would be sent to reside with Congress, who would turn
•his whole attention to the culture of every friendly dispo-
sition, and from time to time would give her Majesty
every necessary information of the country, its inhabi-
tants, establishments, present situation and future pros-
pects: that after such an exchange of Ministers, and the
agreeable advances to friendship and intimacy, there was
not the least doubt but a treaty might be readily conclu-
ded, which would be mutually advantageous — that Minis-
DIPLOMATIC CORRESPONDENCE. 469
ters being acquainted with the arrangements of countries,
might soon digest a treaty, upon principles consistent with
the establishments in each ; and he did not doubt, that
when the Americans and Portuguese became better ac-
quainted, (which her Majesty much wished) both would
be satisfied on every subject that it was in the power of
Ministers to arrange, for the accommodation of their com-
mercial interests ; but that the mode of negotiating by
Ministers resident in London, was tedious, and might not/
answer the good purposes both parties might wish — that
the Chevalier de Pinto, a very able and good Minister,
having been absent from his country many years, was not
acquainted with the little domestic arrangements, which
were necessary to be attended to, in the arrangement of
a commercial treaty ; but, that all these difficulties might
be overcome by an exchange of Ministers, and America
would find every favorable disposition existing respecting
her, which she could wish. I expressed myself much
flattered by the polite reception with which I had been
honored, and particularly pleased to find her Majesty and
his Excellency disposed to view my country and its es-
tablishments, through so favorable a medium ; and ob-
served, that it would give Congress great pleasure to have
those favorable sentiments conveyed to them, and that I
did not doubt that their future conduct would convince
her Majesty and his Excellency, how much obliged they
were by their good opinions — that a liberal commercial
intercourse with the Kingdom of Portugal was among
the first of their wishes, and that it would afford them
great satisfaction, if the present dispositions should be
nourished, and be productive of lasting friendship. I
took the liberty of further observing, that it would be sa-
470 WILLIAM S. SMITH— JOHN JAY.
tisfactory to be made acquainted with the objections to
the treaty in its present garb : he said it was still in her
Majesty's possession, and seemed disposed to waive the
subject : I did not interfere with this disposition, and per-
mitted myself to be led into a less pointed conversation,
at the close of which, and as I was taking my leave, his
Excellency was pleased to say that, if I would wait on
him the day after the next, he would inform me of her
Majesty's decision on the subject of my commission. On
the day appointed for this interview, I was confined to
my bed by a very high fever, and was under the necessi-
ty of sending my excuse to the Minister ; the enclosed
No. 4, is a copy of my note on that occasion. The next
day, the honorable Mr. Fonseca, under Secretary of
State, waited on me, (being still confined) at the request
of the Minister, to inform me that my commission had
been submitted to her Majesty, in Council, and as it was
not issued by the Sovereign, it was not consistent with
the etiquette of courts, that I should present the letter
from Congress, (in person) to her Majesty, but that his
Excellency the Minister would present it the next day, if
I would permit. I observed, that I could not have a wish
on this subject, separate from her Majesty's pleasure ;
and not being able to wait on the Minister, I delivered the
letter to Mr. Fonseca, to be conveyed to him: he then
observed, that her Majesty would be glad to see me at
Court, where, though upon my commission I could not
be presented, I might be admitted as a foreigner of dis-
tinction. I expressed myself complimented by her Ma-
jesty saying she would be glad to see me at Court, but
was rather apprehensive that, as there was but one draw-
ing room within the month, my indisposition might de-
DIPLOMATIC CORRESPONDENCE. 471
prive me of that honor ; but this, Sir, I wished to avoid,
being sensible that my appearing at Court without being
introduced to the Royal family, would make an unfavora-
ble impression, and perhaps furnish grounds for unplea-
sant observations, particularly, as my reception at the
court of Madrid, and the attentions of the Prime Minis-
ter, the Count de Florida Blanca, and the Corps Diploma-
tique, to me, there, had reached Lisbon before me, aided
by the consciousness of the awkwardness of the situation
of being in a public drawing room as a simple or curious
traveller, I became anxious rather to avoid it, if it could
be done with delicacy and without giving offence : this I
was enabled to do, and the day of audience having passed
during my indisposition, my mind was rendered easy on
the subject : and when Mr. Fonseca, some few days after,
repeated his visit, I begged him to present my respects
to his Excellency the Minister of State, and as the bu-
siness with which I was charged was completely finished,
I shall only request the honor of another interview, and
take my leave, it being my intention to embark in the
Packet, which was to sail on the 7th for Falmouth, and
that I should be happy to take charge of any commands
her Majesty or his Excellency had for Congress. He
expressed himself somewhat surprised that I should think
of going without having seen the court, and observed
that, even upon principles of curiosity, it was worth a
gentleman's while to see the court of the country through
which he was passing, and pressed my waiting for the
next packet, within which time her Majesty would give
another audience. I acknowledged the propriety of his
remarks ; but observed that, considering my station at the
court of London, and that the whole weight of the busi-
472 WILLIAM S. SMITH— JOHN JAY.
ness during my absence, rested upon Mr. Adams, I did
not think I could justify my staying a month longer,
having no object in view but the gratification of my curi-
osity— particularly as it would be only entering the apart-
ments of the Palace, walking round and out again — that
if my visit to the court could be considered as carrying
with it the least degree of respect towards her Majesty, I
would willingly remain any space of time ; but as that did
not appear to be the case, and I could have nothing but
the gratification of my curiosity in view, I did not doubt
but both himself and the Minister, as gentlemen of busi-
ness, would excuse and even approve of my decision :
he was pleased to be very complimentary, and further
pressed my stay, but said he would communicate what I
requested to the Minister, and he would, agreeably to my
request, inform her Majesty of my intentions, and know
if she had any commands.
The next day I received the enclosed, No. 5, from
him, he came agreeably to the appointment, and said,
that he had communicated my intentions to the Minister,
and that he had intimated them to her Majesty that
her reply to the letter I had brought would be ready
for me, and that her Majesty (though not a day of
audience) had appointed the next at half past four
in the afternoon, when, in the Audience Chamber
of the palace, it was her pleasure to receive me, and
that the prime Minister would introduce me to her Majes-
ty and the royal family, previous to my departure. I ac-
knowledged myself much complimented by her Majesty's
condescension, and at the hour appointed the next day,
I met the Minister at the palace, who informed me it
would be necessary to say a few words on my introduc-
DIPLOMATIC CORRESPONDENCE. 473
tion to her Majesty. I was soon admitted, and having
advanced with the usual ceremonies, I was received by
her Majesty and the Prince and Princess of Brazil, and
being presented to the former, I addressed her agreeably
to the contents of No. 6, and No. 7 is the answer she
was pleased to return, (which, as I expressed my appre-
hension to the Minister that I should not be fully able to
recollect when I attempted to make a minute of it, he
was so polite as to give it me in his own hand writing.)
After which, the Minister, taking me by the hand, intro-
duced me to the rest of the royal family, and the ceremo-
ny being finished, I retired with the accustomed forms.
The Minister having followed me, gave me the enclosed
letter addressed to the United States in Congress, from
her Majesty, in reply to the letter with which I was
charged, No. 8 is a certified copy of its contents, and
No. 9 its translation. His Excellency then said, that,
if I was not otherways engaged, he would accompany me
to the arsenal and park of Artillery, and show me some
improvements and curiosities in those departments not
unworthy the attention of a soldier; to this unexpected
and remarkably polite proposition I consented, in a way
which fully conveyed the sense I had of his Excellency's
condescension; we went from the palace together and
passed the remnant of the day in the way proposed.
As we were on the point of separating, I begged permis-
sion to say one word more on the subject of the treaty
which rested between our courts, and stated, that it would
be particularly satisfactory to me, if his Excellency would
enable me to make some communications relative to the
existing objections, and whether there was a prospect of
their being overcome. He observed that, from what had
VOL. v. — 60
474 WILLIAM S. SMITH— JOHN JAY.
already passed between us on that subject. I could not
doubt but an adjustment of it would be agreeable to her
Majesty and himself, and that he should employ the first
leisure time he had in revising it and her Majesty's obser-
vations on it, and after connecting them, he would forward
a counter project to the Minister in London; but observed,
that a Minister on the spot would save a great deal of
trouble, and on this subject he said that he was obliged
candidly to tell me, that her Majesty was not much
pleased that she had not been noticed by Congress, in
the same way that her friends and neighboring nations had
been, that her Majesty was not attached to any particular
grade of Ministers, that Congress might take their choice,
whether to send an Ambassador, a Minister Plenipoten-
tiary or Envoy, or a Resident. That she would regulate
her choice and appointment by that of Congress ; but
she wished a communication between the two countries
in this line, and he himself was conscious it would tend
to remove many obstructions in the way of a proper in-
tercourse, and that the only point in which her Majesty
wished to be particular was, that, if Congress should
think proper to send a gentleman to reside at Lisbon in
the character of their representative, he might not be
commissioned as Charge d' Affaires, as the etiquette of
the courts of Europe in some degree shuts the door of
society against that grade, and would not admit, at her
court, of that freedom of communication which would be
agreeable to her Majesty, should exist between the repre-
sentative of Congress, herself and her Ministers. On
this subject his Excellency was pleased to be very polite
and complimentary to me, the particulars of which your
Excellency, I doubt not, will excuse me from detailing.
03- -,7 .aoV
DIPLOMATIC CORRESPONDENCE. 475
1 then took my leave, and the day after embarked for
Falmouth. It must be superfluous for me to enter into a
detail of the circumstances which, to my mind, place the
kingdom of Portugal in such a situation, as to become a
subject worthy of the attention of Congress ; her geo-
graphical situation, the convenience of having her ports
open to receive American vessels in case of war or peace,
and the dispositions she nourishes relative to the Barbary
powers, and the facilities America may experience from
a connexion, in favor of an exchange of her produce, with
her and ether European nations, are subjects on which
Congress are so fully competent to decide, that an attempt
to elucidate them on my part must be unnecessary.
Anxious for the approbation of my country on this, and
every other subject in which they think proper to honor
me with their commands,
I have the honor to be, &,c.
W. S. SMITH.
FROM JOHN ADAMS TO WILLIAM STEPHENS SMITH, ESQ..
SECRETARY OF THE LEGATION OF THE UNITED
STATES OF AMERICA, TO THE COURT OF GREAT BRI-
TAIN.
" The Secretary of the United States of America, for
the Department of Foreign- Affairs, his Excellency John
Jay, to whom was referred a letter to him from the honor-
able John Adams, of the 27th of June last, informing
that the Queen of Portugal, had ordered her squadron in
the straits, to protect the vessels of the United States
equally with those of her own subjects, on the 25th day
476 WILLIAM S. SMITH— JOHN JAY.
of January last reported, that in his opinion, as this is a
particular mark of her Majesty's friendly disposition, it
should be acknowledged in the manner most likely to be
pleasing and acceptable. He, therefore, thought it would
be proper for Congress to write her a letter of the follow-
ing tenor : —
Great and good friend,
We take the earliest opportunity, since our annual elec-
tion, of presenting to your Majesty our sincere acknowl-
edgements for the friendly regard you have manifested
for us, in having ordered your squadron in the straits, to
protect our vessels equally with those of Portugal. Per-
mit us to assure you, that we shall retain this mark of
generous attention, in grateful remembrance, and shall
omit no opportunity of testifying our desire to establish
and perpetuate between our two countries, an intercourse
of commerce and good offices, which may prove no less
beneficial than agreeable to both.
We pray God to bless and preserve your Majesty.
Done by the Congress of the United States, convened
at the city of New- York, the day of ,
1787.
As this communication was made by the Queen's En-
voy, in London, to Mr. Adams, their Secretary thought
this letter should be transmitted to him, and that the
compliment would be more delicate if his Secretary was
commissioned to carry and deliver it.
The United States, in Congress assembled, on the third
day of February, 1787, ordered the report of the Secre-
tary of Foreign Affairs, dated 25th January, 1787, on a
letter of 27th June last, from Mr. Adams, be referred to
the said Secretary, to take order for the transmission of
DIPLOMATIC CORRESPONDENCE. 477
the letter to the Queen of Portugal, when signed by the
President, in the manner suggested in said report."
These, therefore, are to authorize and require you, in
pursuance of the instructions of Congress, to proceed to
Portugal and deliver their letter, herewith presented to
you, to her faithful Majesty, either with your hand, in an
audience to be obtained for that purpose, or by the hands
of her Majesty's Minister of State for foreign affairs, as
you shall find, upon inquiry, to be most proper.
You are first to consult with her Majesty's Minister of
State for foreign affairs, deliver him a copy of this com-
mission, which contains a copy of the letter of Congress
to her Majesty, and follow his advice concerning the
manner of delivering it. Done at Grosvenor Square, in
London, this eleventh day of April, A. D. 1787.
JOHN ADAMS.
FROM JOHN ADAMS TO W. S. SMITH.
Grosvenor Square, London, April 11, 1787.
Dear Sir,
Congress, by their resolution of February the 3d, 1787,
determined that the letter to the Queen of Portugal, here-
with delivered you, should be transmitted to her faithful
Majesty by your hands — you will, therefore, prepare
yourself as soon as conveniently may be, and proceed to
Lisbon — in your way, as you pass through France and
Spain, you will of course pay your respects to the Min-
isters of the United States residing at those Courts, and
to the Ministers of Foreign Affairs of those Sovereigns,
and endeavor to collect intelligence of any kind, commer.
478 WILLIAM S. SMITH— JOHN JAY.
cial or political, in which the United States may be inte-
rested. When you shall arrive at Lisbon, you will make
your court to the Minister of Foreign Affairs, and com-
municate to him the object of your mission, and take his
advice concerning the delivery of the letter to her most
faithful Majesty; if it should not be judged advisable to
desire an audience, the Minister himself will deliver the
letter to his mistress.
In whatever country, or at whatever Court, you will
remember to make your court to the Ambassadors of all
those Sovereigns with whom the United States are in
alliance, France, Holland, Sweden, Prussia; to all Minis-
ters, Consuls, Agents of these powers, you will pay a
particular regard, while you shew a respectful politeness
to all others.
In all places you will endeavor to collect information
concerning the Barbary Powers, and the situation of our
unfortunate countrymen in captivity at Algiers, especial-
ly from Mr. Carmichael and Mr. Barclay in Spain, if
you should chance to meet the latter.
At Lisbon, you will inform yourself particularly of the
state of the war between Portugal and those piratical
States, that of Venice with the same, and Naples, and
whether there is a prospect of peace — the force of the
Algerines^ the probability of their coming out of the
straits this summer, the force of the Portuguese that is
to cruise against them.
You will also inform yourself particularly of the state
of the commerce between the United States and Portu-
gal, and by what means it might be extended, improved,
and increased, to the mutual advantage of both nations.
You will make particular inquiries concerning sugars, the
DIPLOMATIC CORUESPONDENCE. 479
prices and qualities of Brazil sugars, raw or manufactur-
ed, to satisfy yourself whether our countrymen might not
purchase those sugars to advantage even for manufacture
and exportation; an experiment has been made in France
of a purchase of raw sugars for Boston, and it is suspected
might be made to greater advantage in Lisbon, for Phila-
delphia and New York, as well as Boston.
You will please inquire whether the treaty which was
signed last May between the American Ministers and the
Chevalier de Pinto, has been agreed to by his court, and
if not, what are the objections and whether there is a
prospect of a renewal of the negotiation.
You will inquire particularly whether rice and indigo
may be expected to obtain admission to Portugal from
Carolina and Georgia, as they did before the late war;
whether flour has any chance to be admitted ; and what
is the state of the trade of salt fish.
As the whole of the negotiations with Portugal as well
as with the Barbary powers, for the last two years, have
passed under your eye and observations, and indeed
through your hands, you are already acquainted with
every particular, which renders any further instructions in
detail unnecessary. •
The languages of Europe are now become of much
importance to us, and every gentleman employed under
the United States in the diplomatic department ought to
take all reasonable methods to acquaint himself with them.
You will have in this journey a great opportunity of per-
fecting yourself in French, and of improving yourself in
Spanish and the Portuguese, which is but a dialect of the
Spanish, and in the Italian.
In the article of expenses you will observe as much
480 WILLIAM S. SMITH— JOHN JAY.
economy as possible, consistent with the comfort of your
journey, the decency of your character and the honor of
your country. You will transmit your account to Con-
gress, or the Board of the Treasury, or Mr. Barclay, and
you will neglect no opportunity of writing to the Secre-
tary of Foreign Affairs. I know very well that the situa-
tion of your family, as well as your attention to the pub-
lic service will be motives sufficient to induce you to lose
no time unnecessarily, and to return with as much expe-
dition as the execution of the design of your journey
will admit. The interest, the honor and dignity of the
United States will never be out of your thoughts, nor
will any opportunity to promote either be neglected.
I wish you as pleasant a journey as the season pro-
mises, and a happy return to your friends and services
at this court. -to. n
With great regard, &cc.
JOHN ADAMS.
FROM W. S. SMITH TO MARTINHO DE MELHO E
fcASTRO.
William's Hotel, Buenos Ayres, Lisbon, July 16, 1787.
Sir,
I have the honor to inform your Excellency of my
arrival the last evening, commissioned by order of the
United States of America in Congress assembled, for the
purpose of conveying in the most respectful manner, their
thanks for the flattering attention with which they have
been honored by her most faithful Majesty. I shall be
happy in an opportunity of submitting my commission to
DIPLOMATIC CORRESPONDENCE. 481
your Excellency's perusal, and shall be obliged by your
advice relative to the most proper mode of fulfilling it,
only observing that the more it is marked with respect
and attention to her Majesty, the more consistent it will
be with the disposition of Congress.
With great respect, &c.
W. S. SMITH.
Buenos Ayres, July 21, 1787.
Sir,
The fatigues of my journey have thrown me into a
very violent fever, by which I have been confined ever
since I had the honor of seeing your Excellency on
Thursday last, and puts it entirely out of my power to
wait on you to day, agreeable to appointment. I should
be happy vto be made acquainted with her Majesty's
pleasure relative to the business with which I am charg-
ed. I have the honor to be, Sic.
W. S. SMITH.
ADDRESS OF COL. SMITH TO HER MOST FAITHFUL
MAJESTY.
Language is too weak to express my gratitude for the
particular mark of your Majesty's favor. I am happy,
as it affords me the opportunity of assuring you of the
great veneration and respect, the Congress of the United
States of America have for your Majesty's character,
and how much they feel themselves interested in the
VOL. v.— 61
482 WILLIAM S. SMITH— JOHN JAY.
happiness of your reign and the prosperity of your do-
minions.
It will be with particular pleasure that I shall commu-
nicate to them the marked politeness and attention with
which I have been received and treated — and the flatter-
ing opinions which your Majesty and your Minister are
pleased to entertain towards them. I am confident it will
afford them the greatest satisfaction, if these marks of
friendship and attention should lay the foundation of a
connexion and intercourse, liberal, and mutually benefi-
cial.
REPLY OF HER MAJESTY.
Translation.
The United States have given me a particular mark of
their respect, and on all occasions which may occur, I
shall shew them the distinguished sense which I enter-
tain thereof, and will use every effort in my power to
strengthen and render permanent the relations of friend-
ship subsisting between the two countries. You may
also assure the United States how much pleasure it af-
fords me to see their commission to my court entrusted
to a person of your talents and worth.
A translation of the certified copy of her most faith-
ful Majesty's letter to Congress.
We, Dona Maria, by the grace offiGod, queen of Portu-
gal, and of the Algarves on this and the other side of the
DIPLOMATIC ^CORRESPONDENCE. 483
sea, in Africa, sovereign of Guinea, and of the Conquest,
Navigation and Commerce of Ethiopia, Arabia, Persia
and India, &tc.
Salute the United States of America which I much
esteem and prize.
We received your letter with very particular satisfaction,
and it was equally very agreeable to us, that the orders
we sent to the commander of our squadron cruising in the
mouth of the' straits, to protect your vessels in the same
manner as those of Portugal, should convince you of the
particular regard and distinguished value we set on the
United States.
The same orders as the preceding were, and shall be
repeated while the Portuguese fleet are cruising in those
seas, and we hope that these demonstrations will convince
you of the determination and sincere desire we have of
cultivating with you the best intelligence, and of estab-
lishing between the two States a perfect friendship and
union, promoting and consolidating their common inter-
ests by the efficacious and permanent means of an alli-
ance that may produce to the two nations the most solid
and mutual advantages — God keep the United States
of America, under his holy guard. Written in the
palace of Lisbon, the 2d of August, 1787.
THE QUEEN.
Martinho de Melho e Castro.
Translation.
Mr. Fonseca presents his compliments to Col. Smith,
and has the honor to state that he will call to-morrow
484 WILLIAM S. SMITH— JOHN JAY.
morning to take leave, and to inform him of the result of
the business which was spoken of yesterday.
August 3, 1787.
Office for Foreign Affairs, 7
March 12, 1788. S
The Secretary of the United States, for the Department
of Foreign Affairs, to whom was referred a letter from
Colonel Smith, of the 12th September last, with the
papers that accompanied it, reports : — •
That they contain a detail of occurrences and observa-
tions, in the journey he made to Lisbon, to deliver the
letter of Congress to the Queen of Portugal. It appears
from them that he was well received by the court of
Madrid, and favored by the Minister with a polite and
friendly letter of introduction to the Spanish resident at
Lisbon.
That he received particular marks of attention from
the Queen and her Minister for Foreign Affairs, with
whom he had much conversation respecting the treaty
negotiating between that country and this.
That the queen "was not much pleased that she had
not been noticed by Congress, in the way that her friends
and neighboring nations had."
That she was desirous of receiving a Minister from the
United States, and of sending one to them of any rank
or degree most agreeable to them ; but she did not wish
that only a Charge d'Affaires should be appointed.
That the Queen would rather negotiate for a treaty at
Lisbon than at London, and that this disposition rendered
.
DIPLOMATIC CORRESPONDENCE. 4Q5
it probable that, in such an event, the obstacles which
now retard it might be more easily removed.
Your Secretary thinks it advisable for the United States
to conclude a treaty of commerce, of limited duration, with
Portugal, and that a Minister Plenipotentiary should be
sent to that court, in case adequate provision can be made
for the expense.
He further reports, that the conduct of Colonel Smith
appears to him to have been proper ; and therefore, in his
opinion, that it would be well to permit your secretary to
insert the following paragraph in the next letter which he
may write to the Colonel.
Your letter of the 12th September last, together with
the papers which accompanied it, have been communica-
ted to Congress, and in obedience to their orders, I have
the pleasure of informing you that they are pleased with
the manner in which you appear to have treated the af-
fairs to which those despatches relate.
All which is submitted to the wisdom of Congress.
JOHN JAY.
FROM JOHN JAY TO W. S. SMITH.
, Office for Foreign Affairs, ?
August 12, 1788. 3
Dear Sir,
Your letter of the 12th September last, together with
the papers which accompanied it, were communicated to
Congress, and in obedience to their orders, I have now
the pleasure of informing you that they are pleased
486 WILLIAM S. SMITH— JOHN JAY.
with the manner in which you appear to have treated
the affairs to which those despatches relate.
With sincere esteem, &c.
JOHN JAY.
FROM W. S. SMITH TO JOHN JAY.
London, October 16, 1787.
Sir,
Mr. Adams ha'ving requested me to forward the en-
closed papers, which he received from Mr. Dumas by the
last post, it may be expected that I should make some
remarks on their contents, explanatory of the circum-
stances which have involved Mr. Dumas in the embarrass-
ments under which he at present seems to labor. On
the other hand, Mr. Dumas' connexion with the Ambas-
sador of France at the Hague, the career that Am-
bassador ran, relative to the politics of the country
and the particular intimacy Mr. Dumas has for some
time been supposed to nourish, relative to the oper-
ation of the French system, on the patriotic question
in Holland, cannot be unknown to Congress and to your
Excellency. But in case any insult or injury, should
happen to Mr. Dumas in consequence of his being an
advocate for .the last question, it becomes my duty to
observe that it cannot be considered as aimed at the
United States, or in any degree counter to the laws of
nations, as in my opinion, maybe made clear, by referring
to Vattel, book 4th, chapter 7th, section 93 and 94 and
95, and chapter 8th of the 4th book, section 112. For
Mr. Dumas was previous to his being employed by Con-
DIPLOMATIC CORRESPONDENCE. 487
gre^ss, a citizen of the United Netherlands, and agreeably
to a placart of the States general of the United Provinces
of the 19th of June, 1681, must upon certain principles
be considered subject to its laws.
My anxiety for the honor and dignity of the United
States have produced the above observations, and I flatter
myself the subject will sufficiently justify them.
I am yours, &tc.
W. S. SMITH.
Translation.
FROM MR. DUMAS TO JOHN ADAMS.
The Hague, October 9, 1787.
Sir,
In answer to the favor with which you honored me the
1st instant, I received and delivered the letters which
your Excellency was so kind as to write at my request
to the President, to Mr. Fagel and Messrs. Willink and
Staphorst. I have received no answer as yet, neither to
the two notes which I have written myself to Mr. Fagel
of which you have copies enclosed. I nevertheless con-
cluded that they have had effect in some measure to pro-
tect me in the midst of excesses which still continue with
impunity. Notwithstanding the repeated placarts, and
publications of the legislature and executive, apparently
very severe, the mob are permitted to do whatever they
please. Two houses near mine were stoned last night.
Not less than forty have been served the same within
two days, my turn may be next perhaps, my poor wife
and myself being scarcely able to support it, and both of
488 WILLIAM S. SMITH— JOHN JAY.
us being in continual anxiety in the midst of licentious-
ness. Judge, sir, of our terrible situation. We could
remain no longer at the French Hotel, and have returned
to our own house since Saturday the 5th. The accom-
modation of affairs at Amsterdam is not yet finished. I
expect an answer from thence respecting the hotel, and
your letters of the 5th and 10th of September, the receipt
of which I acknowledged to your excellency under date
of the 21st instant, when Mr. Smith forwarded them to
me. We will do nothing at first, should it please God
to spare us, but what is absolutely necessary and with the
greatest economy to render the hotel safe and tenable.
Make the respects of our martyrdom acceptable to
Madam, &c.
Your Excellency's, &c.
C. W- F. DUMAS.
The agitation in which I write is inexpressible. I add
to this for your Excellency, and that a copy may go to
Congress, a deed which I judged proper to make yester-
day, one similar I delivered to my wife, that in case any
misfortune should happen to me, my family and property
might at least be entitled to the claims and protection
authorized by the rights of nations and by treaties. In
the midst of my agitation, which is great, my reason at
least is, and will remain sound till my last breath.
Faithfully translated from the original by
JOHN PINTARD.
Translation.
I, the undersigned, declare by this present deed, which
may serve as my testament, should I lose my life before
DIPLOMATIC CORRESPONDENCE. 4Q9
it shall please God to grant me the favor to make my
will with the agreement of my dear wife, as we have
before resolved on, that knowing how good, wise and
just a mother she is, and that she will do justice to each
of our three children, and will take the most tender care
of them and their interests, I mean and will that she
shall be mistress of all my property, and shall enjoy the
use of it until her death, unless that my dear daughter
on marriage, with the advice, approbation, and full and
free consent of her mother, the latter should think proper
to give her at her marriage what I brought in marrying
my said wife, as likewise the sum with which my said
daughter is credited in my account book, or the interest
of these two sums as my said wife shall see fit. Tharif
my said daughter, (which God forbid) should die before
me, that in such case I moreover mean and will that my
said wife shall be my general heiress, with full power to
dispose of all that I leave (to the exclusion of any rela-
tion of mine, of either sex, that may lay claim) in favor
of my two sons. I leave all four, viz: my said dear
wife and our three children, my tenderest blessings, re-
questing that they will love each other as they now do,
and recommending them to the protection of God, of the
United States, my masters, of their High Mightinesses,
and of the Sovereigns of this province and Guelderland,
where we have lands. Done at the Hague, this 8th
October, Monday evening, 1787.
C. W. F. DUMAS.
Charge d'Aflaires and Agent for U. S. of America.
Faithfully translated from the original by
JOHN PINTARD.
VOL. v.— 62
,490 WILLIAM S. SMITH— JOHN JAY.
FROM W. S. SMITH TO JOHN JAY.
London, October 17, 1787.
Sir,
I have the honor of forwarding to your Excellency the
public papers of the present month, and an extract of a
letter from Amsterdam, of the 12th instant. "I am sorry
that war is likely to take place, but fear this must be the
case. Since I last wrote you, all the deposed magistrates
of this city have been restored to their former dignities,
and every satisfaction has been given to the Princess, re-
quired ; except the deposing of such persons from their
Governments as she judged might cause further troubles.
She has delivered in a list of seventeen principal and lead-
ing persons to be dismissed, among which are five coun-
cillors and two pensionaries of this city. Mr. Van Ber-
ckel, (one of them) will not certainly be regretted by the
English, although he will doubtless be pitied by your
countrymen. The Prussian troops, to the number of 150
men, have taken possession of the Leyden gate, by con-
sent of the Magistracy, to be at hand to overcome any
resistance that might attend the disarming of the auxiliary
troops that were here ; and it is now said that after every
effort to prevent it, we shall have a Prussian garrison.
Yesterday a publication was issued by the Magistrates,
allowing every person to wear orange at his option, — but
forbidding, upon the severest penalties, even of death,
that any one should be molested for doing, or not doing
it: yesterday it was worn by few, and this day by a few
more ; upon Change it was very little to be seen ; but
Mr. Henry Hope and Mr. William Hope, having two very
flaming cockades of the color, towards the end of the change
DIPLOMATIC CORRESPONDENCE. 491
were crowded against and insulted, so that swords were
drawn to protect them from popular resentment; constables
and a burgher watch came full armed upon change to their
assistance, and rescued them and Mr. Rich — all three of
whom were thus escorted to their own houses. I did not
doubt before but we should have a Prussian garrison ;
this event renders it, I think, certain: what further con-
sequences may ensue from this event, I cannot tell : un-
til now all plundering has been prevented, and there is
good reason to hope it will continue to be so : I believe and
hope a general order will be issued for wearing orange,
and operate as a protection against personal insult and
opprobrious epithets." This extract 1 received this after-
noon at 4 o'clock. The post from France is not yet in,
so that I have nothing new to communicate from that
quarter ; but on the part of Britain every exertion is ma-
king preparatory to a war. It becomes our country to
keep itself calm and collected, and as I observed in a let-
ter of the 6th of December, 1785, (which pointed to the
present convulsed state of Europe) that arrangements
should be made to prevent our being drawn in as a party,
when the appeal should be made to the ultima ratio re-
gum. I must again observe, on the subject of the South
American agents, that it is possible their business may be
brought forward agreeable to their original propositions,
and pretty certainly, if Europe (as at present seems very
probable) should be involved in general war. The Turks
and Russians are already at it, and the Empire is said to
be moving in support of the latter ; and if France, (and
indeed there scarcely appears any thing else left for her
to do) should throw herself into the political scale of the
two Empires, all Europe will be in an uproar. Prussia
492 WILLIAM S. SMITH— JOHN JAY.
may have cause to repent of its rapidity on the affairs of
Holland; and England, (on the European scale) be made
to smart for the part she took in the internal affairs of the
Republic: but to return, I am informed through the usual
channel, that the agents referred to, have been for some time
past, shipping goods, arms and ammunition, from this, for
the Southern continent : that without any appearance of
wealth among them, they can obtain what credit they
please, and they have made pretty free use of it. The
Island of Curacao was first fixed upon as a proper place
for their deposites, but, upon more mature deliberation,
they have changed it for Santa Cruz, the former being
so near as to excite suspicion, and the latter sufficiently
distant to shelter them from that, and not so far as to ex-
pose them to much risk in transporting them in small par-
cels across the Caribean sea, into the gulf of Venezuela,
and by its waters to the centre of that Kingdom ; it is a
point, from its first appearance, which I have never lost
sight of, and I think it still worthy of serious attention.
I have the honor to be, &c.
W. S. SMITH.
EXB OF TB1
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